What is a Codicil?

Are you currently thinking about making a will, or are you planning to speak with an estate planning attorney about revising or adding to an existing will? You might have come across the word “codicil,” and you may be wondering if you need one or simply what it means. In short, a codicil is a legal document that allows you to make certain changes to your will without needing to rewrite the will entirely. Accordingly, if you are just beginning the estate planning process, you are unlikely to need a codicil at this point (since you will be newly making a will), but you could need to create a codicil in the future.

As such, whether you already have a will or you are considering making one, it is important to learn more about codicils, their requirements, and why they exist. Our Oak Park estate planning lawyers can tell you more.

When to Consider a Codicil

As we said above, a codicil is a legal document that you can draft with assistance from an estate planning lawyer in order to change your existing will or add information to it without having to start all over again and draft an entirely new will. Since it takes a significant amount of time to make a valid and enforceable will, if you only want to change one thing or a small number of things, it usually does not make sense to make a new will altogether.

You can write a codicil for any of the following reasons:
  • Add a term to your will or add an heir or beneficiary;
  • Remove an heir or beneficiary from your will;
  • Make a change to an inheritance, such as who will inherit a particular asset or what percentage of a particular asset will be inherited by specific heirs;
  • Make arrangements for the inheritance of a new asset (i.e., an asset that you have acquired since you originally made the will);
  • Change the person you have chosen as executor; or
  • Change the person you have chosen as guardian of your minor child.
Requirements for a Valid and Enforceable Codicil

Just as a will must meet requirements under the Illinois Probate Act to be enforceable, a codicil also must meet those requirements if its terms are to be enforced. For a codicil to be considered valid and enforceable, all of the following must be true of the codicil:
  • It must be in writing;
  • It must be signed by the testator (you); and
  • There must be two valid witnesses.
You should also date the codicil to be clear about when it was made, especially if there is more than one codicil to your will. To be clear, you can have multiple codicils, but they should each be dated clearly.

Contact an Oak Park Estate Planning Attorney Today

If you are ready to make a will, or if you need help amending or revising an existing will, you should get in touch with an experienced Oak Park estate planning lawyer. One of the attorneys at our firm can begin working with you today. Contact the Emerson Law Firm to learn more about the estate planning services we provide, including assistance with wills and codicils.



See Related Blog Posts:
Probate Act Terms to Know
Top Reasons to Make a Will

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