Legal Definitions - codicil

A codicil is a legal document that serves as an addition or amendment to an existing will. Instead of creating an entirely new will, a codicil allows a person to make specific changes, clarifications, or revocations to certain provisions of their original will. Once properly executed and witnessed, the codicil becomes a legally binding part of the original will, effectively modifying it without replacing the entire document.

Here are some examples illustrating how a codicil might be used:

• Adding a New Beneficiary: Imagine Sarah drafted her will five years ago, leaving her entire estate equally to her two adult children. Recently, her third grandchild, Leo, was born. Sarah decides she wants to leave a specific monetary gift of $10,000 to Leo. Instead of rewriting her entire will, Sarah executes a codicil. This codicil states that, in addition to her children, her grandchild Leo will receive $10,000 from her estate. The codicil effectively adds a new provision to her existing will without altering the original distribution plan for the rest of her assets.

• Changing an Executor: John's will, created a decade ago, named his best friend, Mark, as the executor responsible for managing his estate after his passing. However, Mark has since moved to another country and informed John he would be unable to fulfill the role due to the distance. John creates a codicil that specifically revokes Mark's appointment as executor and names his sister, Emily, as the new executor of his will. This change updates a critical administrative role in the will without requiring John to redraft all the clauses regarding his asset distribution.

• Modifying a Specific Bequest: Maria's will leaves her valuable antique jewelry collection to her daughter, Isabella. After drafting the will, Maria decides she wants a particular necklace from the collection, the "Star of the Sea," to be donated to a local museum rather than going to Isabella. Maria executes a codicil adding a clause that instructs Isabella to donate the "Star of the Sea" necklace to the local historical museum within six months of Maria's death. This codicil clarifies and modifies a specific gift within the original will, ensuring Maria's updated wishes are legally binding.