Also known as: codicils · codicillary · codicillus · will supplement · testamentary addition
Written by attorneys · grounded in primary & secondary sources — see below
A testamentary instrument executed with the same formalities as a will that amends or supplements a prior will without replacing it entirely. The codicil must be executed with testamentary intent and becomes part of the will when admitted to probate.
Carmen Choi executed a will leaving her estate to her brother. She later executed a second will revoking the first and leaving everything to a charity. Months afterward Carmen executed a codicil that expressly referenced the first will and stated her intent to revive it. After her death the codicil revived the original will under the applicable revival rule.
Caleb Chang executed a will leaving his house to his daughter. After a falling out he executed a codicil that revoked the devise to his daughter and instead left the house to his nephew. The codicil was properly witnessed and admitted to probate along with the original will.
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Cynthia Cortez executed a will and later added a codicil directing that all estate taxes be paid from the residuary estate. The codicil was admitted to probate with the will and controlled the allocation of tax burdens among the beneficiaries.
Carlos Castillo hired an attorney to prepare a will and codicils that would create a trust for his grandchildren. The attorney negligently drafted language that violated the rule against perpetuities. The codicils were held invalid to the extent they contained the defective provisions.
Claire Campbell executed a will and codicil that created a trust for her spouse. After her death the executor claimed a marital deduction on the federal estate tax return. The codicil's terms were examined to determine whether the spouse's interest qualified as a deductible terminable interest.
Christian Coleman executed a will and later a codicil directing that his house never be sold. After his death the executor sought to sell the property to pay debts. The codicil's restraint on alienation was held invalid under state law.
A codicil amends or supplements an existing will without replacing it entirely. A subsequent instrument that completely revokes the prior will is treated as a new will rather than a codicil.
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Yes. A codicil is itself a will and must satisfy the same execution requirements, including signature and attestation where required by statute.
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A codicil can revive a revoked will if it expressly indicates an intent to revive the earlier instrument under the applicable revival statute or restatement rule.
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The later-executed instrument controls to the extent of any inconsistency. The codicil revokes the will only to the extent the new provisions are inconsistent with the earlier document.
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…causes of action are summarized as follows: Defendant agreed with the testator, for a consideration, to prepare a will and codicils thereto for him by which plaintiffs were to be designated as beneficiaries of a trust provided for by paragraph Eighth of the will and were to receive 15 per cent of the residue as…