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An amendment to a will is called a codicil. It can be used to add or delete provisions or substitute a new provision for one that's already in the will. A codicil must be signed in the same way as your will: with witnesses, necessary intent and mental capacity to make the codicil.

Does a change to a will require a codicil or an entire new will?

If the proposed change to a will is simple (such as changing the name of the executor of the will), then a codicil may be appropriate. A codicil shouldn't affect the meaning of the overall purpose of the will or create any conflicts in the will. Be careful when making multiple codicils to avoid a potential lawsuit over the meaning of the will.

Drafting a codicil

There are many things to consider when making a codicil to a will. Here are some. A codicil should:

• Specify your intent regarding which portions of the will are being changed
• State that the will should be dated on the date that the codicil was signed.
• State whether any original provisions of the will that were revoked by the codicil are being reinstated

Multiple documents, cancellations, and reinstatements of parts of a will can get confusing so it may be simpler to draft a new will to make sure that your intent is clear. Destroying or writing "revoked" across the codicil document might not be enough to make intent clear even though the language in the will is explicit.

Revoking a past will

When making a new will revoking a former one, the new will should state that it's doing so to ensure that your intent that the most current will cancels out any older versions. If a will or codicil doesn't mention that the updates revoke the previous version, then your intent on adding the codicil or making a new will altogether may be called into question and end up creating a lawsuit among the "wronged" beneficiaries.

Questions for Your Attorney

• I want to make a change to my will. Do I have make a entire new will?
• Can I use codicils to make changes to my will whenever I want to?
• Can I rip up the codicil to my will and replace it with a new codicil

Related Resources on lawyers.com^sm

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- Wills and Probate FAQ
- Visit our Estates, Wills & Probate message board for more help