Estate Planning | Making a Difference One Family at a Time

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how does a codicil workEstate planning documents are designed to reflect personal wishes about property, guardianship, and other important matters. Over time, circumstances change. Families grow, assets shift, and priorities evolve.

When adjustments are needed, individuals may wonder if they must create an entirely new will. In Connecticut, one option is to use a codicil.

How does a codicil work? Let’s look at the answer to this common estate planning question.

What Is a Codicil?

A codicil is a legal document that modifies, explains, or adds to an existing will. It does not replace the will but works alongside it. The purpose of a codicil is to make changes without drafting a completely new will.

For example, someone may want to update the name of a beneficiary, add a new piece of property, or change an executor. A codicil allows these updates while keeping the original will intact.

Requirements in Connecticut

Connecticut law requires that codicils follow the same formalities as wills. This means:

  • The codicil must be in writing.
  • It must be signed by the person making the changes.
  • Two witnesses must also sign, confirming that the person executed the codicil voluntarily.

Because codicils are legally binding, they must meet these requirements to be valid. Informal notes or verbal instructions are not sufficient.

When to Use a Codicil

Codicils are useful for making specific changes without rewriting an entire will. Common situations include:

  • Updating the name of a beneficiary due to marriage or divorce.
  • Changing the executor or trustee.
  • Adding or removing small items of property.
  • Clarifying instructions that may be unclear in the original will.

If changes are extensive, however, drafting a new will may be more practical. A codicil is best suited for targeted updates rather than complete revisions.

How a Codicil Works With a Will

A codicil is attached to the original will and becomes part of the overall estate plan. When the will is reviewed after death, the codicil is read alongside it. Together, they form the complete set of instructions.

It is important to store codicils with the original will. If they are separated or misplaced, confusion may arise. Keeping all estate planning documents together ensures that fiduciaries have clear guidance.

Advantages of Using a Codicil

There are several benefits to using a codicil:

  • Efficiency: A codicil allows changes without drafting a new will.
  • Clarity: It provides specific updates that are easy to follow.
  • Continuity: The original will remains valid, with the codicil adding adjustments.

These advantages make codicils a practical tool for maintaining estate plans.

Potential Challenges

While codicils are useful, they can also create challenges if not managed carefully. Multiple codicils may lead to confusion, especially if they contradict one another. For example, one codicil may name a certain executor, while another names someone else.

To avoid complications, individuals should limit the number of codicils and ensure that each one is clear. If changes become too complex, drafting a new will may be the better option.

Role of Witnesses

Witnesses play an important role in validating codicils. Connecticut law requires two witnesses to observe the signing. They must confirm that the person making the codicil did so willingly and with full understanding.

Witnesses help prevent disputes by verifying authenticity. Their signatures provide legal assurance that the codicil reflects genuine intent.

Storing and Updating Codicils

Codicils should be stored securely with the original will. Safe deposit boxes, fireproof safes, or other secure locations are common choices. Executors should know where to find these documents.

Regular reviews are also important. Life changes such as births, deaths, or new property acquisitions may require updates. Reviewing estate plans every few years helps ensure that codicils remain relevant.

Communication With Family

Legal documents provide structure, but communication also matters. Discussing codicils with family members can reduce misunderstandings. When beneficiaries understand the reasons for changes, they are less likely to question them.

Open conversations help families respect intentions and support smooth administration.

Take Action Today!

We have a Glastonbury, CT estate planning office, and another one in Westport. You can send us a message to request a consultation at either location, and we can be reached by phone at 860-548-1000.

If you would like to join us at a complimentary seminar to learn more about this important process, check out our seminar schedule page.

John McCann, Estate Planning Attorney
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