What is a Codicil and When Should I use One?

The short version is that a codicil is an amendment to a will.

If you already have a will and all you need to do is change a few provisions, a codicil can be a simple and inexpensive way to make some modifications. Here are some important items to remember about codicils:

1. They only change a few parts of the original will and so the original is still needed.
2. They have all the same requirements of a will in order to be valid. That includes two witnesses and a signature.
3. If there are too many changes, re-doing the will might be preferable to a codicil.
4. You can delete, replace, or add to any part of the will. Be clear and precise.
5. Neither a will nor a codicil avoids probate.
6. If you are changing the personal representative/executor, you may also have to re-do other estate planning documents such as a revocable living trust, durable power of attorney, or advance directive, if those documents list the same person.

If you have any questions or seek the advice of an experienced attorney, call MGM Law Firm at 541-233-7441.