Deciding to use a Codicil or start over with a new Last Will depends on multiple factors. First off, if you have used previous Codicils to change your Will, you may be more inclined to make an entirely new Will. Having too many Codicils can add confusion to your estate plan. If you are not careful, Codicils can contradict one another and complicate the probate process.

In addition, if you need to make numerous amendments to your Will, creating a new one may make more sense than executing a lengthy, complex Codicil.

Some life events may also require you to make a new Will rather than use a Codicil. Things change throughout your life and your Will should reflect that. You should consider writing a new Last Will if one of the following events occurs:

• You get married or divorced (a change in marital status may void your old Will)
• You are unmarried but have a new partner
• Your finances, assets, or property change significantly (e.g., you buy or sell a home)
• You move to another state (each state has unique estate planning laws that may impact how you can distribute your estate)
• You have or adopt a child and wish to add them to your Will
• There are changes to tax laws that affect the distribution of your estate
• A beneficiary, guardian, or executor listed in your Will passes away

Lastly, if your existing Last Will is old and possibly outdated, creating a new Last Will may be the best choice. An old Will could contain outdated legal language and not accurately reflect your current circumstances.

If you and your spouse are divorcing, it is best to create a new Last Will rather than amend your existing one with a Codicil. Most states have laws stating that any gifts that you leave to them in your Will are automatically revoked once the divorce is finalized. Still, creating a new Will after your divorce is important so it reflects your most up-to-date wishes.

In these states, if you do not create a new Will after divorce and you pass away, any specific gifts your spouse would have inherited from your estate might pass to alternate beneficiaries. If the gifts do not have alternate beneficiaries, your residual beneficiary inherits them.

If you do not have a residual beneficiary, the gifts will be distributed according to your state’s laws, similarly to if you died without a Will. To retain control of your estate, it is best to create a new Will.

Yes, you can make multiple Codicils, as no laws prevent you from doing so. However, your goal should be to have a comprehensive Will that is easy to understand. Having too many Codicils can create confusion for your executor and beneficiaries. Instead of creating multiple Codicils, consider making a new Last Will.

To properly execute your Codicil, you must sign it in the presence of your chosen witnesses. Your witnesses should not be listed as beneficiaries in your Last Will.

It is best practice to initial at the bottom of each page, except the signing page of your Codicil, which requires your full signature. No text should appear on the last page after your signature, not including the witness signing area.

Most states only require you to have two witnesses. After you have signed and initialed your document in front of witnesses, your witnesses must initial each page and sign the final page of the Codicil. Their signing must occur in your presence. Your witnesses may have to appear before a court to verify that this process was completed and that you were of age and sound mind at the time.

Notarization requirements for Codicils differ from state to state. However, in most states, Codicils do not have to be notarized. The exception is Louisiana. In Louisiana, you must sign in the presence of a notary and two witnesses.

Even if it is not required, you can get your Codicil notarized online to ensure its validity is not questioned.

What about if I use a self-proving Affidavit with my Codicil?

Some states allow a self-proving Affidavit to be attached to your Codicil, which is signed by you and up to three witnesses under oath before a notary public. If applicable, we will include an Affidavit with your Codicil.

The self-proving Affidavit allows you to waive the requirement for one or all of your witnesses to show up in court to acknowledge the proper execution of your Codicil.

You can sign the self-proving Affidavit at the same time as your Codicil or at a later date if you wish. It should be noted that whether or not you use the Affidavit does not affect the validity of your Codicil.

Yes, you can create and execute a Codicil without a lawyer. With our template, you can make a Codicil to your Will by answering a few simple questions and printing or downloading it instantly.