Codicil Meaning: Definition, Legal Requirements, Notarization and Practical Guidance

A will does not always need to be completely rewritten when a person wants to make a relatively small change.

That is where a codicil can become relevant.

The simplest codicil meaning is a legal amendment to an existing will. It can be used to change, add to, clarify, or in some circumstances revoke specific provisions of an existing will without necessarily replacing the entire document.

However, a codicil is not simply a handwritten note attached to a will. It is a testamentary document that generally must satisfy applicable legal formalities.

This distinction matters because an improperly prepared codicil can create uncertainty about which provisions control, and conflicts between a codicil and an earlier will can complicate probate.

This guide explains what a codicil is, what codicil means in law, when one may be useful, whether a codicil must be notarized, how it relates to a will, and what practical issues should be considered before using one.

Legal information notice: This article provides general educational information only. The requirements for codicils vary by jurisdiction. It is not legal advice and does not create an attorney-client relationship.

What Is a Codicil?

A codicil is a legal document that supplements, modifies, or revokes part of an existing will.

Cornell’s Legal Information Institute describes a codicil as a supplement that can amend or revoke a will in whole or in part, while noting that the codicil does not replace the underlying will.

In simple terms:

A codicil allows a person to make certain changes to an existing will without necessarily creating an entirely new will.

For example, suppose a person has a valid will that names their brother as executor. Later, they decide that their sister should serve instead.

Depending on the jurisdiction and circumstances, a properly executed codicil could be used to change that provision.

Similarly, a codicil might be used to:

Change an executor
Modify a specific gift
Add a beneficiary
Remove a beneficiary
Change a particular provision
Clarify an existing provision
Revoke a specific provision

The precise legal effect depends on the wording of the codicil and the law governing the will.

Codicil Meaning in Law

The codicil meaning in law is more specific than the ordinary idea of making an amendment.

A codicil is itself a testamentary document.

That means it is generally intended to operate as part of a person’s testamentary plan and is typically interpreted together with the existing will.

The important concept is that the codicil supplements the existing will rather than automatically replacing it.

This creates an important relationship:

Original Will + Valid Codicil = Existing Will as Modified by the Codicil

For example, if a will contains ten provisions and a codicil properly changes provision number four, the other provisions of the original will generally remain relevant unless the codicil or applicable law provides otherwise.

That is why the language of a codicil should be precise.

What Does Codicil Mean?

If you simply want to know what does codicil mean, think of it as:

An amendment to a will that changes, adds to, clarifies, or revokes specified provisions of the existing will.

The term is different from creating an entirely new will.

A new will generally establishes a new testamentary document.

A codicil generally works alongside the existing will.

The distinction becomes particularly important when several amendments have been made over time.

Why Would Someone Use a Codicil?

A codicil may be useful when the changes to an existing will are relatively limited.

For example, a person may have a carefully prepared will but later need to change only one or two provisions.

Instead of rewriting the entire document, a codicil may provide a way to make those specific changes.

Common reasons may include:

Changing an Executor

A person may no longer want the individual named as executor to serve.

For example, the nominated executor may have:

Died
Become unable to serve
Moved away
Declined the appointment
Developed a relationship that makes the appointment inappropriate

A codicil may be used to nominate a different executor where permitted.

Changing a Specific Gift

A person might decide that a particular asset should go to a different beneficiary.

For example, an existing will may leave a vehicle to one person, but the testator later decides to leave that vehicle to someone else.

A codicil could potentially address that particular provision.

Adding a Beneficiary

A person may want to add someone to an existing testamentary plan.

This could happen after a change in family circumstances or relationships.

Removing a Beneficiary

A testator may also want to revoke a particular gift or remove a beneficiary from a specific provision.

The legal consequences of such a change can depend heavily on the circumstances and applicable law.

Clarifying a Provision

If an existing provision is ambiguous or needs clarification, a codicil may sometimes be appropriate.

However, adding a separate document can itself create interpretation issues if the language is unclear.

For that reason, a substantial or complicated change may sometimes be better addressed through a completely new will.

Codicil vs. Will: What Is the Difference?

The easiest way to understand the distinction is to consider their roles.

Will	Codicil
Establishes the primary testamentary document	Amends an existing will
Can contain the overall estate plan	Usually addresses specific changes
May replace earlier wills	Generally works alongside the existing will
Contains the original provisions	Modifies, adds, clarifies, or revokes provisions
Usually has its own execution requirements	Generally must satisfy applicable testamentary formalities

The American Bar Association describes a later amendment to a will as a codicil and cautions that a codicil should be executed with the required formalities. It also warns that ambiguities between a codicil and the earlier will can cause problems.

The practical question is therefore not simply whether a codicil is legally possible.

It is whether a codicil is the clearest and safest way to accomplish the intended change.

Does a Codicil Replace the Will?

Generally, no.

A codicil ordinarily supplements the existing will rather than replacing it.

This is one of the most important points in understanding codicil meaning in law.

Imagine an original will containing these provisions:

Property A goes to Alice.
Property B goes to Bob.
Sarah is the executor.

A later codicil might state that Property A should instead go to Carol.

The codicil does not necessarily erase the provisions concerning Property B or the executor.

Instead, the original will continues to operate except to the extent it has been validly changed.

The exact result depends on the language used and applicable law.

Does a Codicil Need to Be Notarized?

This is one of the most common questions people ask:

Does a codicil have to be notarized?

There is no universal answer.

Whether a codicil must be notarized depends on the jurisdiction and the particular formalities required for the document.

In many jurisdictions, the core execution requirements concern matters such as the testator’s signature and witnesses. Notarization may have a different role, such as making a document self-proving, rather than being the basic requirement that makes the testamentary document valid.

The American Bar Association notes that wills generally require witnesses and formalities, and that later amendments in the form of codicils must follow the applicable formalities.

Accordingly, it is risky to assume:

“If I get the codicil notarized, it is automatically valid.”

That is not a safe general rule.

The correct requirements should be checked under the law governing the will.

Does a Codicil Have to Be Witnessed?

A codicil generally needs to comply with the testamentary formalities applicable in the relevant jurisdiction.

In many jurisdictions, this means the document must be witnessed in a prescribed manner.

For example, California court materials specifically recognize the concept of a codicil executed as an attested document and provide procedures for proving a will or codicil through subscribing witnesses when required.

Other jurisdictions may have different requirements.

The important lesson is:

Do not assume that the signing requirements for an ordinary document are sufficient for a codicil.

A codicil is part of a testamentary plan and should be executed according to the applicable will formalities.

Does a Codicil Need to Be Notarized If the Will Was Not?

Not necessarily.

The fact that the original will was or was not notarized does not automatically answer what is required for a later codicil.

The applicable jurisdiction may have separate rules concerning:

Witnesses
Notarization
Self-proving affidavits
Signatures
Attestation
Handwritten documents
Electronic documents
Other execution formalities

For this reason, the requirements should be checked before signing the codicil.

Codicil and Self-Proving Wills

A self-proving will is a will executed with additional formalities that may allow the document to be admitted to probate without requiring witnesses to provide additional testimony concerning execution.

Rules differ by jurisdiction.

The same general concept can apply to codicils in jurisdictions that recognize self-proving procedures.

But the exact affidavit, notarization, witness, and signing requirements should be followed precisely.

A person should not assume that because an existing will is self-proving, every later codicil automatically receives the same treatment.

What Can a Codicil Change?

A codicil can potentially change specific provisions of an existing will.

Depending on the jurisdiction and circumstances, this may include:

Executor Provisions

The codicil may change who is nominated to administer the estate.

Specific Gifts

A particular gift may be changed or revoked.

Beneficiary Provisions

The document may alter who receives a particular benefit.

Distribution Provisions

A limited change to the distribution scheme may be possible.

Other Testamentary Instructions

Other provisions may be amended where legally permitted.

The key is that the codicil should clearly identify what part of the original will is being changed.

What Should a Codicil Identify?

A codicil should generally make it clear which will it modifies.

Depending on local requirements and drafting practice, it may identify information such as:

The testator’s full name
The date of the existing will
The particular provision being changed
The replacement provision
Any provision being revoked
Confirmation that the remaining provisions continue unchanged
The date of the codicil
The required signatures
Required witness information
Any required notarization or self-proving documentation

The precise wording should follow applicable law.

The purpose is to minimize uncertainty about the relationship between the original will and the codicil.

Why Clear Drafting Matters

A codicil may be short, but that does not mean it is simple.

Suppose an original will states:

“I leave my collection to my brother.”

A later codicil states:

“I leave my collection to my sister.”

At first glance, the change appears obvious.

But what if the testator has several collections?

What if the original will contains another provision defining the collection?

What if the brother and sister are both named elsewhere?

What if the codicil is later found without the original will?

These situations demonstrate why a codicil should be drafted with enough precision to be interpreted alongside the original document.

The American Bar Association specifically warns that ambiguity between a codicil and the will it amends can cause problems.

When Is a New Will Better Than a Codicil?

A codicil may be appropriate for a limited change, but there are situations in which creating a new will may be clearer.

A new will may be preferable when:

Numerous provisions need changing
The original will is old
Several codicils already exist
The family situation has substantially changed
The estate has become significantly more complicated
Previous provisions are difficult to interpret
The existing document contains outdated language
The testator wants to reorganize the entire estate plan

The practical advantage of a new will is consolidation.

Instead of requiring someone to read the original will together with several later amendments, one updated document can present the intended plan in a single place.

This can reduce the risk of conflicting provisions.

Multiple Codicils: Why They Can Become Complicated

There is no simple rule that says a person can never have more than one codicil.

However, multiple amendments can create practical problems.

Imagine an estate containing:

An original will from 2015
Codicil #1 from 2018
Codicil #2 from 2020
Codicil #3 from 2024

The executor may need to determine how all four documents interact.

If provisions conflict, the interpretation can become more complicated.

For that reason, when substantial changes accumulate, a completely revised will may be easier to administer.

The goal should not simply be to minimize paperwork.

The goal should be to leave behind a clear and legally coherent estate plan.

What Happens to a Codicil During Probate?

A codicil may become relevant during probate because it can modify the will that is being presented for administration.

The executor or other person handling the estate may need to provide both the original will and applicable codicils.

For example, California probate guidance specifically refers to submitting an original will where one exists and recognizes procedures for proving an attested will or codicil that is not self-proving.

This illustrates an important practical point:

A codicil should not be treated as an isolated document.

Its legal effect generally depends on its relationship to the underlying will.

What If the Original Will Cannot Be Found?

A missing original will or codicil can create additional probate issues.

The treatment of a lost will or codicil depends on jurisdiction-specific rules.

Some jurisdictions impose particular evidentiary requirements for proving the contents and execution of a lost testamentary document.

For example, California court materials address circumstances involving lost or destroyed wills and codicils and identify specific statutory procedures and presumptions.

This is another reason to store the original will and any codicils securely and make sure the appropriate people know where they can be found.

Can a Codicil Revoke Part of a Will?

Yes, a codicil can potentially revoke part of an existing will.

Cornell’s legal definition expressly recognizes that a codicil can amend or revoke a will in whole or in part.

However, revocation language should be precise.

A poorly drafted provision can create uncertainty about whether the testator intended to:

Delete one sentence
Replace an entire paragraph
Revoke one gift
Revoke an entire article
Revoke another codicil
Revoke a larger portion of the will

The intended effect should be unmistakable wherever possible.

Can a Codicil Add Something to a Will?

Yes.

A codicil can potentially add a new provision to an existing will.

For example, a testator might use a codicil to add a particular gift that was not included in the original will.

The new provision becomes part of the testamentary plan if the codicil is validly executed and legally effective.

Again, the specific requirements depend on the jurisdiction.

Can a Codicil Change the Executor?

Potentially, yes.

A codicil can be used to change an executor provision when properly drafted and executed.

For example, suppose an existing will names David as executor, but David is no longer willing or able to serve.

A properly prepared codicil might nominate another person.

Whether the change is effective depends on the applicable law and the wording of the document.

Can a Codicil Change Beneficiaries?

Potentially, yes.

A codicil can change a particular beneficiary provision.

For example, a testator may decide that a specific gift originally given to one person should instead go to another.

However, beneficiary changes can have significant legal and family consequences.

Where the change is substantial, complicated, or potentially controversial, professional legal advice may be especially important.

Can a Codicil Be Handwritten?

Some jurisdictions recognize handwritten or holographic wills and testamentary documents under specific conditions.

But the fact that a document is handwritten does not automatically make it a valid codicil.

The applicable law may require particular elements concerning handwriting, signature, testamentary intent, witnesses, or other formalities.

Therefore, a handwritten amendment should not simply be attached to a will and assumed to be legally effective.

Common Mistakes With Codicils

Treating a Codicil Like an Informal Note

Writing “I want my car to go to John instead” on a piece of paper does not necessarily create a legally effective codicil.

Failing to Identify the Existing Will

A codicil should generally make clear which will it modifies.

Ignoring Execution Requirements

The codicil must be executed according to applicable testamentary formalities.

Assuming Notarization Is Enough

A notary does not automatically cure every execution defect.

Creating Too Many Amendments

Multiple codicils can make an estate plan harder to interpret and administer.

Leaving the Original Documents in Different Locations

The will and codicils should be stored in a manner that allows the executor or appropriate representative to locate them.

Making a Major Estate-Plan Change With a Small Amendment

If the entire estate plan has changed, a new will may provide a clearer solution than repeatedly modifying an old document.

Codicil Practical Checklist

Before relying on a codicil, consider the following:

Does the document clearly identify the existing will?
Is the exact provision being changed clearly identified?
Does the new language clearly state the intended replacement or amendment?
Does it specify which provisions remain unchanged?
Does it satisfy the execution requirements of the relevant jurisdiction?
Are the required witnesses present?
Is notarization or a self-proving affidavit required or advisable?
Is the original codicil stored with the will?
Does the executor know where the documents are located?
Would a completely new will be clearer?

This checklist is for educational planning purposes and does not replace jurisdiction-specific legal advice.

Codicil vs. New Will: A Practical Decision

A useful way to approach the decision is to ask:

How much of the existing estate plan needs to change?

If only one narrow provision needs to change, a codicil may be worth considering.

If many provisions have changed, the original will is outdated, or several amendments already exist, preparing a new will may provide a cleaner and more understandable estate plan.

The best choice depends on the circumstances.

Frequently Asked Questions About Codicils

What is a codicil?

A codicil is a legal document that supplements, modifies, or revokes provisions of an existing will. It generally works alongside the original will rather than replacing it.

What does codicil mean in law?

In legal terminology, a codicil is a testamentary amendment to an existing will. It can change, add to, or revoke provisions of the will, subject to applicable legal requirements.

Does a codicil have to be notarized?

Not always. Notarization requirements vary by jurisdiction. A codicil generally must satisfy the applicable testamentary execution requirements, which may involve witnesses and, in some circumstances, notarization or self-proving procedures.

Does a codicil need witnesses?

In many jurisdictions, yes. The exact number, qualifications, and signing procedure depend on the applicable law.

Does a codicil replace a will?

Generally, no. A codicil normally supplements or modifies an existing will.

Can a codicil change an executor?

Yes, a properly executed codicil may be able to change the executor named in a will, depending on applicable law and the wording of the document.

Can a codicil change a beneficiary?

Yes, a codicil can potentially modify a beneficiary provision, provided the change complies with applicable law and execution requirements.

Is a handwritten codicil valid?

It depends on the jurisdiction. Some jurisdictions recognize certain handwritten testamentary documents, while others impose different requirements.

When should I make a new will instead of a codicil?

A new will may be preferable when numerous provisions need changing, several codicils already exist, the original will is outdated, or the overall estate plan has substantially changed.

Final Thoughts

The essential codicil meaning is simple: it is a formal amendment to an existing will.

Its usefulness lies in allowing a person to make limited changes without necessarily replacing the entire testamentary document.

But simplicity should not be confused with informality.

A codicil is part of an estate plan and generally must satisfy the legal requirements applicable to testamentary documents. Witnessing, notarization, self-proving procedures, handwritten documents, and other formalities can vary significantly between jurisdictions.

The practical question is therefore not merely whether you can write a codicil.

It is whether the proposed amendment will be legally effective, clear when read with the existing will, and easy for the executor and probate court to administer.

For a minor, clearly defined change, a codicil may be appropriate. For a substantial revision or an estate plan containing several previous amendments, a new will may provide a much cleaner solution.

If you are considering changing an existing will, particularly where substantial assets, beneficiaries, family disputes, or complex estate arrangements are involved, consult a qualified estate-planning attorney in the relevant jurisdiction.

Disclaimer: This article is for general educational purposes only and does not constitute legal advice or create an attorney-client relationship. Laws and probate procedures vary by jurisdiction and may change over time.