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 original will with two witnesses. You can make a codicil (and any will) only if you're of sound mind.
When Do You Need to Update a Will?
Many life changes will require revisiting your will. In particular, consider whether you need to update your will when the following circumstances occur:
- You get married, divorced, or your spouse dies. If you get married and already have a will, make a new will to ensure that your spouse is provided for as you wish. If you get divorced, you'll almost certainly want to create a new will to untangle your ex-spouse from your estate plan. If your spouse dies, you might want to review your choices of beneficiaries and guardians for your children.
- You have new children (or grandchildren). Make sure your beneficiary, guardianship, and executor designations are still current. If you have children whom you didn't have when you made your previous will, you'll want to make sure all of your children are accounted for. If they're minors, you'll need to name a guardian for them.
- Beneficiaries or your executor pass away. If any of your beneficiaries or named executor have died, check that your will still works the way you want it to.
- You move to a new state. Different states have different laws. Generally, your new state will honor the will that you executed in your old state. However, you might want to create a new will or at least speak with an attorney in your new state to make sure your old will still meets your wishes.
- You acquire new assets. Most wills include a catchall "residuary clause" that names the beneficiaries who will receive all money and property not specifically named in the will. If, after making your will, you make any large or important purchases or receive significant gifts, make sure you want your residuary beneficiaries to get those assets. If you don't, you'll need to update your will (preferably by making a new one).
Should You Make a New Will or a Codicil?
If the proposed change to a will is simple (such as changing the executor of the will), a codicil might be appropriate. A codicil shouldn't change the overall purpose of the will or create any conflicts with the original will about who should get what property.
If you have many changes to make—or even one complicated change—it’s usually best to revoke the existing will and make a new one. In this case, a tacked-on addendum to a will isn't appropriate. Using a codicil to make many changes or complicated changes can create confusion, ambiguity, or disagreement because the court will need to read—and make sense of—both the will and the codicil.
How Do You Amend a Will With a Codicil?
Here are some things to consider when amending a will by adding a codicil. The codicil should:
- Specify which portions of the will are being changed and the changes you wish to make.
- State that the changes are effective on the date that the codicil is signed.
- State whether any original provisions of the original will are affected by the codicil.
Make sure your codicil is clearly written. Unclear language could open up the possibility of your will being challenged.
You must sign and date your codicil and have two witnesses sign it. They don’t need to read the codicil, but you should make it clear to them that you want it to be your codicil.
Also, don’t make too many changes in one codicil, and don’t make too many codicils for one will. Multiple documents, cancellations, and reinstatements of parts of a will can get confusing, and it's usually better to draft a new will than to make many changes to one original will.
How Does a New Will Replace a Prior Will?
If, instead of making a codicil, you decide to make a new will to replace your existing will, your new will document should specifically state that it revokes your prior wills. This language clarifies that you don’t want your new will to be a codicil and reduces the possibility of a challenge to your new will.
Can You Revoke a Will Instead of Making a New Will or Codicil?
If you don’t want your current will to have any effect, you can revoke it at any time and for any reason without updating it. But it’s usually better to make a new will than to revoke it without a replacement.
How to Revoke Your Will
There are several ways to revoke your will. You can:
- Destroy it by burning it or tearing it up.
- Attach a witnessed codicil that revokes the will.
- Make a new will that revokes the previous will.
The important thing is that it is clear that you’ve revoked it. The surest way to do this is to include the revocation as part of your next will.
However, if for some reason you choose not to make another will, be sure to leave clear evidence of your revocation. Inform anyone who knows about your will that you’ve revoked it (see below), and leave clear physical evidence, like a torn up will with a revocation codicil.
If anyone else knows about your will, it’s best not to simply destroy it. Without any further evidence of your revocation, a disgruntled potential beneficiary could claim that someone else destroyed it or that you were pressured into destroying it. This could cause a major hassle for your estate. (If you’re worried about someone contesting your will, get help from a lawyer.)
Who to Tell About Your Revocation
You aren’t required to tell anyone about the revocation.
However, if you’ve distributed copies of your previous will, it’s a good idea to inform everyone who has a copy that it’s no longer valid. This will reduce confusion and minimize problems after you die.
The best case scenario is to distribute copies of a new will that revokes and replaces the old one. Don’t distribute signed copies unless they are clearly marked as duplicates of the original.
If you don’t make a new will, distribute copies of a codicil that revokes your will.
Revoking a Will Without Making a New One
If you revoke your will but don’t make a new will, your estate will be distributed according to your state’s intestate succession laws. For most people, intestate succession is not the best way to distribute property. So, unless you have a compelling reason not to make a new will, make a new one when you revoke your old one.
Do You Need a Lawyer to Update Your Will?
You might be able to amend your will—or make a new one—without the help of a lawyer. If you're creating a new will, you can use a reputable software program like WillMaker to write a will. However, if you have questions or complicated circumstances, or if you would simply feel more comfortable getting advice from a professional, see a good estate planning lawyer for help.
How Much Does It Cost to Update a Will?
The cost of making a new will ranges, but if you use a lawyer to make a new will, it will likely cost less than $1,000. (See How Much Lawyers Charge to Prepare Estate Planning Documents.) If you used a lawyer to make your prior will, you'll very likely be able to make a codicil (to make a minor change to your prior will) for less—contact your lawyer to ask. If you want to update your will without a lawyer, you can use a good software program to make a new will, which will typically cost $100-200.