This article is informative. NotaryPublic24 cannot help you with the preparation, notarization or Apostille of a will or a codicil. Wills and codicils require in-person witnessing, and the rules differ between jurisdictions, so always confirm the formalities with a qualified legal professional where you live.
A codicil to a will is a separate legal document that adds to, changes or revokes part of an existing will without replacing it. It must be signed and witnessed with the same formalities as the will itself, and once executed it is read together with the will as a single set of instructions.
People use a codicil for small, clear changes: a new executor, a different guardian, an added gift to a grandchild or a charity. For anything larger, a new will is usually the safer route. This guide explains what a codicil is, what makes it valid in the United States and the United Kingdom, how to write one step by step, and when you should not use one at all.
Key Takeaways
- Definition: a codicil is a supplement that amends or revokes a will in whole or in part without replacing it.
- Validity: a codicil must be executed with the same formalities as a will: in writing, signed by the testator, and witnessed by two witnesses present at the same time.
- Notarization: not required for validity in England, Wales or almost every U.S. state. Louisiana is the exception: a codicil there must take one of the testament forms, usually a notarial act before a notary and two witnesses. A notarized self-proving affidavit is still a good idea elsewhere in the U.S.
- Best for: one or two specific changes. Use a new will for several changes, a new spouse or partner, or a change of main beneficiaries.
- Storage: keep the signed codicil with the original will. A codicil that cannot be found has no effect.
What Is a Codicil to a Will?
A codicil to a will is a written amendment that changes specific provisions of an existing will while leaving the rest in force. The Legal Information Institute at Cornell Law School defines a codicil as “a supplement that either amends or revokes a decedent’s will in whole or in part”, adding that “a codicil does not replace the underlying will”.
The word comes from the Latin codicillus, a small writing tablet, and that is still a good way to think of it: a short note attached to a longer document. The codicil identifies the will by date, states exactly which clause it changes, sets out the new wording, and confirms that everything else in the will stands.
A codicil is not the same as a new will. A new will normally revokes all earlier wills and codicils and starts again. A codicil keeps the original will alive and modifies it. When the testator dies, the court or the executor reads the will and every valid codicil together, with the later document taking priority where they conflict.
Codicil vs New Will: Which One Do You Need?
The decision usually comes down to how much is changing and how clear the result will be.
| Question | Codicil | New will |
|---|---|---|
| How many changes? | One or two specific clauses | Several changes, or changes that affect each other |
| Who is affected? | A single gift, executor, guardian or address | Main beneficiaries, the residue of the estate, a new spouse or partner |
| Risk of confusion | Grows with every added codicil | Low: one document replaces everything before it |
| Formalities | Same as a will | Same as a will |
| Cost and effort | Lower, one short document | Higher, but a clean result |
| Old document | Stays in force and must be stored with the codicil | Revoked; destroy old copies after the new will is signed |
A useful rule: if you have to explain how the codicil interacts with the will, write a new will instead. Multiple codicils, or a codicil that changes a clause another codicil already changed, are a common source of disputes in probate.
What Makes a Codicil Legally Valid?
A codicil borrows its formalities from the will. In the words of Florida’s probate statute, “a codicil shall be executed with the same formalities as a will” (Fla. Stat. § 732.502(5)), and that principle applies across common-law jurisdictions.
United States
Most states follow the same pattern. The codicil must be in writing. The testator signs it, or acknowledges a signature already made, in the presence of two witnesses. The witnesses then sign in the presence of the testator and, in states such as Florida, in the presence of each other. Any adult who is not a beneficiary under the will or the codicil can act as a witness; a beneficiary who witnesses risks losing their gift in many states.
A handful of states recognise holographic documents, which are written entirely in the testator’s handwriting and need no witnesses. Texas, for example, does not require a wholly handwritten will to be attested, and the same applies to a handwritten codicil there. Many other states, including New York for most people, do not accept holographic documents at all, so a typed and witnessed codicil is the safe choice everywhere.
England and Wales
Section 9 of the Wills Act 1837 sets the rules, and they apply equally to codicils. The document must be in writing and signed by the testator, the signature must be made or acknowledged in the presence of two or more witnesses present at the same time, and each witness must sign or acknowledge their signature in the presence of the testator. No particular wording of attestation is required. The temporary allowance for witnessing by video link applied only to wills made between 31 January 2020 and 31 January 2024.
Scotland and Northern Ireland have their own rules, so check locally if the will was made there.
Does a Codicil Need to Be Notarized?
In England and Wales, and in almost every U.S. state, a codicil does not need to be notarized to be valid. Validity comes from the testator’s signature and the two witnesses.
Louisiana is the exception. Its Civil Code provides that “any other modification of a testament must be in one of the forms prescribed for testaments” (art. 1610). Those forms are the notarial testament, which is “prepared in writing, dated, executed before a notary public in the presence of two witnesses, and signed by the testator, each witness, and the notary” (art. 1576, as amended by Acts 2025, No. 30), and the olographic testament, written entirely, dated and signed in the testator’s own hand (art. 1575). A Louisiana codicil therefore either goes before a notary with two witnesses or is handwritten in full.
Notarization still plays a role in the United States through the self-proving affidavit. According to the Legal Information Institute, every state except the District of Columbia, Maryland, Ohio and Vermont allows a will to be made “self-proving”, usually by attaching affidavits in which the witnesses confirm the signing. Those affidavits “must be signed in front of and stamped by a notary public”. A self-proved will or codicil can be admitted to probate without the witnesses having to appear in court, which saves time and avoids the problem of witnesses who have moved or died.
So the practical answer for U.S. readers is: witnesses make the codicil valid, and a notarized self-proving affidavit makes it easy to prove. Both are done at the same signing session, in person. Our guide to the self-proving affidavit explains the wording.
How to Write a Codicil to a Will
A codicil is short, and most of its length is identification. Follow these steps, and keep the language precise.
1. Identify yourself and the will
Open with your full legal name and address, and state that you are of sound mind and that this document is a codicil to your last will and testament dated [date]. If the will has already been amended, name the earlier codicils by date and say whether this is the second or third codicil.
2. State the change exactly
Quote or refer to the clause number you are changing and write the new wording in full. For example: “I revoke clause 4 of my will and replace it with the following: I give the sum of 5,000 dollars to my granddaughter, Anna Lee.” Avoid vague instructions such as “increase the gift to Anna”. If you are only adding a clause, say so and give it a new number.
3. Confirm the rest of the will
Add a sentence stating that in all other respects you confirm and republish your will as amended by this codicil. This is what keeps the original will in force and makes the two documents read as one.
4. Sign in front of two witnesses
Date and sign the codicil in the presence of two adult witnesses who are not beneficiaries, and have them sign and print their names and addresses in your presence. Use an attestation clause that records that this happened, for example: “Signed by the testator in our presence and then by us in the testator’s presence.” In the U.S., add the self-proving affidavit and have it notarized at the same meeting if your state allows it.
5. Store it with the will
Keep the signed original codicil with the original will, in the same envelope or with the same solicitor or attorney, and tell your executor where it is. A codicil nobody can find after your death has no effect.
Sample Codicil Wording
The following outline shows the usual structure. It is a guide to the elements a codicil contains, not a form to copy without advice.
First Codicil to the Last Will and Testament of [Full Name]
I, [Full Name], of [address], declare this to be the first codicil to my last will and testament dated [date of will].
1. I revoke clause [number] of my will and substitute the following clause: “[new wording]”.
2. In all other respects I confirm my will dated [date of will].
Signed by me on [date] at [place]. [Signature of testator]
Signed by the testator in our presence and then by us in the testator’s presence: [Witness 1: signature, printed name, address] [Witness 2: signature, printed name, address]
Templates from estate-planning sites and charities follow the same pattern. What varies is the attestation wording and, in the U.S., the self-proving affidavit that follows the witness block.
When Should You Use a Codicil?
A codicil is the right tool when the change is small, clear and self-contained. Typical examples:
- Changing the executor because the person named has died, moved abroad or no longer wishes to act.
- Naming a new guardian for minor children.
- Adding or changing a specific gift, such as a sum of money to a grandchild or a donation to a charity.
- Updating a name or address after a marriage or a move.
- Removing a gift to someone who has died, where the rest of the will is unaffected.
When a new will is better
Write a new will rather than a codicil if you are changing the main beneficiaries or the residue of the estate, if you have married, divorced or entered a civil partnership since the will was signed, if there are already two or more codicils, or if the original will was drafted a long time ago under rules that have since changed. In England and Wales, marriage generally revokes an existing will, so a codicil cannot rescue it. The cleanest approach in any of these situations is a fresh will that revokes everything before it.
Common Codicil Mistakes
- Signing without witnesses, or with only one. The codicil is invalid, and the original clause stands.
- Using a beneficiary as a witness. In many jurisdictions the gift to that witness fails, even though the codicil itself survives.
- Writing on the original will. Handwritten alterations made after signing are usually ignored unless they are themselves signed and witnessed.
- Contradicting the will without saying so. State clearly which clause is revoked and replaced; otherwise the court must guess.
- Losing the codicil. Store it with the will, and give your executor a copy of both.
- Stacking codicils. After the second one, consolidate everything into a new will.
Codicils for Property or Family Abroad
If a will or codicil has to be used in another country, for example to deal with a holiday home or a foreign bank account, the receiving authority may ask for an Apostille on a certified copy of the probated document, and often for a certified translation. Civil-law countries such as Spain, France and most of Latin America have their own notarial will formats, and a codicil valid in Texas or England may not be recognised there without extra steps.
NotaryPublic24 does not prepare, notarize or apostille wills or codicils, because they require in-person witnessing. For the documents that often sit alongside an estate plan and can be handled remotely, such as a power of attorney, an affidavit of heirship or a notarized copy of an identity document, NotaryPublic24 offers online notarization with delivery within 24 hours and an Apostille for use abroad. For the will and codicil themselves, speak to a solicitor, estate-planning attorney or Notary Public in the country where the will was made.
Frequently Asked Questions
Can I write a codicil to my will myself?
Yes. A codicil does not have to be drafted by a lawyer to be valid. It must identify the will by date, state the change precisely, confirm the rest of the will, and be signed in front of two witnesses who also sign. Legal advice is wise if the change affects the main beneficiaries.
Does a codicil need to be notarized?
No, not in England and Wales or in almost every U.S. state. A codicil is valid when it is signed by the testator and attested by two witnesses. Louisiana is the exception: a codicil must take a testament form, normally before a notary and two witnesses. Elsewhere, a notarized self-proving affidavit lets the codicil be admitted to probate without witness testimony.
What makes a codicil legally valid?
A codicil is valid when it meets the same formalities as a will: it is in writing, signed by the testator, and the signature is made or acknowledged in the presence of two witnesses present at the same time, who then sign in the testator’s presence. The testator must also have capacity and intend the document to take effect.
What are the disadvantages of using a codicil?
A codicil adds a second document that must be stored, found and read together with the will. Every additional codicil increases the risk of contradictions and disputes. It also cannot fix a will that has been revoked, for example by a later marriage in England and Wales. For larger changes, a new will is cleaner.
How do I write a simple codicil?
State your name and address, identify your will by date, say which clause you revoke and give the replacement wording in full, and confirm the rest of the will. Then sign and date it in front of two adult witnesses who are not beneficiaries, and have them sign with their names and addresses.
Can I download a codicil form?
Yes. Estate-planning websites, charities and legal-aid organisations publish free codicil templates, and the structure is the same everywhere. A downloaded form is only valid once it is completed, signed and witnessed according to the law of the place where you live, so check the attestation wording against local requirements.
When should a person use a codicil to change a will?
Use a codicil for a single, specific change that does not affect the rest of the will: a new executor or guardian, an added or amended gift, or an updated name or address. Choose a new will instead when several clauses change, when you marry or divorce, or when there are already two codicils.
What are common codicil mistakes?
The most common mistakes are signing without two witnesses, using a beneficiary as a witness, writing changes directly on the original will, failing to say which clause is replaced, and storing the codicil separately from the will. Each of these can leave the change ineffective or expose it to challenge in probate.