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Updating a will doesn’t always mean starting from scratch. If you only need to change a few details, a codicil might do the job. Many people think about adding codicil will myself to avoid legal fees or long appointments. It sounds simple, but one small mistake can lead to delays or even disputes after death. Before making edits on your own, it helps to understand what works, what doesn’t, and how the court will view your changes.
What Is a Codicil?
A codicil is a legal document used to make a change or addition to an existing will. It allows you to amend parts of your will without having to rewrite the whole thing. Codicils are often used to:
- Appoint a new executor
- Add or remove beneficiaries
- Adjust gift amounts
- Clarify vague language
- Correct errors in the original will
While codicils seem straightforward, they carry the same legal weight as the original will. That means they must follow strict legal requirements to be valid.
Yes, You Can Write One Yourself — But Should You?
The law doesn’t stop you from drafting your own codicil. As long as you meet your state’s legal requirements, it can be valid. Still, doing it alone opens the door to mistakes.
Here’s what you need to get right:
1. You Must Follow the Same Formalities as a Will
In most states, a codicil must:
- Be in writing
- Clearly state it’s a codicil to your existing will
- Reference the original will’s date
- Be signed by you
- Be witnessed by at least two people (in most states)
Some states also allow handwritten codicils under holographic will rules, but those rules vary. If you don’t follow the exact process, your codicil could be rejected during probate.
2. You Risk Contradictions or Confusion
Poorly written codicils can create conflict. For example, if you leave the same item to two different people or contradict the original will’s terms, the probate court may struggle to interpret your intent.
Even a single unclear sentence can delay probate and create tension among heirs.
3. Mistakes Could Invalidate the Change
Courts have rejected codicils because of missing signatures, wrong dates, or unclear instructions. If the codicil fails, the old terms of the will apply—even if that’s not what you wanted.
A small error in wording or procedure could lead to a completely different outcome.
When a Codicil Might Work
If you want to make a minor update and you’re confident in the legal requirements, a codicil might do the job. These examples show where codicils typically make sense:
Minor Corrections
If your original will includes a typo in a name or address, you can fix it with a codicil. Just make sure the change doesn’t affect the gift or intent.
Adding a Personal Item
Want to leave your watch to your nephew? That’s a simple change. A codicil can easily add that instruction to your will.
Replacing an Executor
If your named executor has passed away or you no longer trust them, you can use a codicil to appoint someone else. Just make sure to include backup choices in case your new pick becomes unavailable.
When You Should Avoid Doing It Yourself
Even if your change seems simple, writing your own codicil isn’t always worth the risk. These situations often require legal guidance:
Major Changes to Gifts or Beneficiaries
If you’re changing how your estate is distributed, it may be safer to write a new will. Multiple codicils can confuse the court or create gaps in your instructions.
You Have a Blended Family or Children from Prior Relationships
These situations often involve sensitive decisions about who gets what. A homemade codicil might unintentionally create resentment or disputes.
You Have Large Assets or Business Interests
High-value estates are more likely to face legal scrutiny. If your codicil changes who inherits real estate, stocks, or a business, a lawyer can help avoid costly mistakes.
Common Mistakes in DIY Codicils
Even well-meaning people make errors that undo their intent. Here are some examples:
- Forgetting to sign or date the codicil
- Failing to use witnesses when required
- Changing something already revoked in another codicil
- Using vague wording like “my car” when you own multiple vehicles
- Not attaching the codicil to the original will
These mistakes can create doubt about which document applies. That confusion leads to legal battles and delays.
How to Properly Add a Codicil
If you’re still set on doing it yourself, follow these steps:
Step 1: Identify Your Original Will
Begin by stating the date of your original will. Make it clear that this codicil modifies that document.
Example:
“This is a codicil to my Last Will and Testament dated January 12, 2020.”
Step 2: Describe the Change Clearly
Be specific. If you’re changing a gift, state what’s being changed and who the new recipient is.
Example:
“I revoke Paragraph 4 of my Will, which leaves my car to James Carter. Instead, I leave my car to Sarah Nguyen.”
Step 3: Reaffirm the Rest of the Will
Unless you’re replacing the entire document, reaffirm the remaining terms of the original will.
Example:
“All other provisions of my Last Will and Testament remain in full force and effect.”
Step 4: Sign and Witness the Document
Sign and date the codicil. Then, have at least two adult witnesses sign it in your presence. Some states require a notary as well.
Step 5: Store the Codicil With Your Will
Keep the signed codicil with your original will in a safe place. Let your executor know where to find them both.
Codicil vs New Will
Sometimes, rewriting your will is easier and safer than adding a codicil. Here’s how they compare:
| Scenario | Codicil Recommended | New Will Recommended |
|---|---|---|
| Minor edits (names, items) | Yes | No |
| Major changes (gifts, structure) | No | Yes |
| Conflicting prior codicils | No | Yes |
| Estate value has grown | Maybe | Yes |
| Legal updates in your state | No | Yes |
If your estate plan has changed significantly, or if you’ve already used one or two codicils, starting fresh with a new will can avoid confusion and reduce the chance of disputes.
Final Thoughts
You can write a codicil yourself, but the safer path usually includes legal review. Even if you think the change is small, a lawyer can help you avoid errors that could cost your family time, money, or peace of mind. If your will matters to you, so should getting the updates right.
Call to Action
Need help updating your will or writing a codicil? Contact a trusted estate planning attorney near you. Clear guidance now can protect your wishes later.
Other Related Articles:
- Oral Wills: Are They Legally Binding and How To Handle Them
- Texas Estate Planning, Divorce and Protecting Assets
- Historical Significance Of Handwritten Wills: Famous Examples
- The Importance Of Wills In Texas Estate Planning
- What Invalidates a Will in Texas?
- Does a Will Override Spousal Rights in Texas?
- What takes precedence during a conflict: A prenuptial agreement or will?
- Who Inherits in Texas When There is No Will?
- Do Beneficiaries Get a Copy of The Will?
- Does a New Will Supersede an Old Will?
Frequently Asked Questions
Yes, in Texas, a codicil can be handwritten as long as it meets the legal requirements.
No, a codicil in Texas does not necessarily have to be notarized, but it’s advisable to do so to ensure its authenticity.
Yes, you can make handwritten changes, known as “holographic will” changes, to your will in Texas. However, they should meet specific legal criteria.
