A codicil is a legal document that modifies, adds to, or revokes provisions in an existing will. It’s a useful tool for individuals who want to make changes to their estate plan without drafting an entirely new will. Codicils can be used for various reasons, such as changing an executor, adding new beneficiaries, or altering asset distribution. Below are three practical examples that illustrate what a codicil is and how it is used.
In this scenario, an individual named Mary has an existing will that designates her brother, John, as the executor of her estate. However, after some time, Mary realizes that she no longer feels comfortable with John handling her estate due to personal issues.
To address this concern, Mary decides to create a codicil to her will. In the codicil, she specifies that her sister, Sarah, will replace John as the executor.
Codicil Sample:
“I, Mary Smith, born on January 1, 1980, hereby revoke the appointment of my brother, John Smith, as executor of my estate. I appoint my sister, Sarah Smith, as the new executor of my estate as of this date.”
This codicil must be signed and witnessed according to the laws of Mary’s state to be legally enforceable.
Notes:
James, a retiree, created a will several years ago that designates his children, Alex and Lisa, as equal beneficiaries. After the birth of his granddaughter, Emma, James wants to include her in his will as a beneficiary.
Instead of rewriting the entire will, James opts to create a codicil that adds Emma as a beneficiary while maintaining the existing distribution structure.
Codicil Sample:
“I, James Brown, born on March 15, 1950, hereby add my granddaughter, Emma Brown, born on July 20, 2022, as a beneficiary of my estate. The distribution shall be as follows: Alex and Lisa shall each receive 40% of my estate, and Emma shall receive 20%.”
This codicil must also be signed and witnessed, ensuring it aligns with James’s original will.
Notes:
Linda has a will that includes a bequest of her vintage car to her friend, Tom. However, after a falling out, Linda decides she no longer wants Tom to receive the car. Instead, she wishes to give it to her cousin, Rachel.
Rather than drafting a new will, Linda writes a codicil to revoke the bequest to Tom and name Rachel as the new recipient.
Codicil Sample:
“I, Linda Johnson, born on May 5, 1985, hereby revoke the bequest of my vintage car to Tom Harris. I bequeath my vintage car to my cousin, Rachel Johnson, effective immediately.”
As with the previous examples, Linda must ensure this codicil is properly signed and witnessed.
Notes: