Codicil

Codicil to a Will

A Codicil is a supplement to a Last Will and Testament altering its provisions by additions or subtractions, or confirming its provisions wholly or partially. A codicil cannot revoke the entire Will. A codicil is a part of the will, and the documents should be read as one entire instrument. 

When to do a Codicil to a Will?

A Codicil is used to make some change in the original will (or in a prior codicil or codicils). Common changes may include:

  • Deleting or adding beneficiaries
  • Increasing or decreasing a pecuniary (dollar) bequest;
  • Making or revoking a bequest;
  • Adding and/or deleting fiduciaries; and
  • Exercising a power of appointment, especially where the validity of exercise requires specific testamentary reference to the power of appointment.

Why do a Codicil rather than a Will?

Among the reasons for resorting to a codicil, instead of a new will are:

  • The need for haste, that is, there is not sufficient time to prepare a completely new instrument; and
  • The assumption that the change is so small that it doesn’t make sense to rewrite a complete will.

How do you Execute a Codicil to a Will?

A codicil must be executed in the same way as a Will and in accordance with the statutory formalities prescribed by EPTL 3-2.1. Click here for an instruction guide of how to properly execute your Codicil. A codicil attested to by only one witness fails to meet the requirements of EPTL 3-2.1(a)(4), will not be admitted to probate

Where do you Store it?

You store a codicil in the same place you store your Will. Do not leave it in the safe deposit box as this will then necessitate a search of your safe deposit box. Instead, either leave it with the attorney draftsman or in a fireproof safe in your home.

For more information, please contact Guardianship, probate and estate planning attorney Regina Kiperman:

Phone: 917-261-4514
Fax: 929-556-2089
Email: rkiperman@rklawny.com

Or visit her at:
40 Wall Street
Suite 2508
New York, NY 10005

Visit Regina on LinkedIn
Visit Regina on Facebook

This page is made available by the lawyer for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this site you understand that there is no attorney client relationship between you and the lawyer. The post should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. ATTORNEY ADVERTISING.

Scroll to Top