Creating a will is an important part of an estate plan, but your circumstances can change over time.
You may get married, have another child, acquire new property, change your beneficiaries, or decide that you want someone else to serve as your executor.
When something changes, you may wonder whether you need to create an entirely new will or whether you can simply modify the existing document.
One option may be a codicil.
A codicil is a legal document used to modify an existing will without necessarily replacing the entire will. However, whether a codicil is the right solution depends on what you want to change and how significant the changes are.
What Is a Codicil?
A codicil is a legal document that changes, adds to, or removes provisions from an existing will.
Rather than creating an entirely new will, a codicil can be used to make specific changes while leaving the rest of the original will in place.
For example, a person may want to change the executor named in their will but leave their beneficiaries and other instructions unchanged.
A codicil could potentially address that specific change.
Illinois law recognizes a codicil as part of the definition of a will. Like other estate planning documents, it needs to be prepared and executed properly to accomplish its intended purpose.
Why Would Someone Need a Codicil?
People’s circumstances can change after they create a will.
Some common reasons someone may consider modifying a will include:
- Changing the person named as executor
- Adding or removing a beneficiary
- Changing a specific gift
- Updating instructions for certain property
- Making another limited change to an existing estate plan
- Correcting or clarifying certain provisions
For example, suppose your will leaves a particular piece of property to one beneficiary, but you later decide that you want that property to go to someone else.
Instead of automatically assuming that you need to rewrite the entire will, you could discuss whether a codicil or a new will is more appropriate for your situation.
Can You Change a Will After It Is Signed in Illinois?
In many situations, an individual can change their estate planning documents after they have been created.
However, simply writing notes on an existing will or crossing out provisions generally is not the same thing as properly executing a legal amendment.
Illinois law establishes requirements for executing wills. A traditional Illinois will must be in writing, signed by the testator or by someone acting at the testator’s direction and in the testator’s presence, and attested by at least two credible witnesses in the testator’s presence.
Because changes to an estate plan can have significant consequences, modifications should be prepared and executed according to the applicable legal requirements.
What Is the Difference Between a Codicil and a New Will?
The biggest difference is the scope of the change.
A codicil generally makes specific changes to an existing will.
A new will replaces the prior will as the governing testamentary document, assuming it is properly executed and otherwise valid.
A codicil may make sense when you have a relatively limited change.
A new will may make more sense when there are numerous changes or when the original will is old and no longer reflects your overall wishes.
The right choice depends on the circumstances.
Codicil
A codicil may be useful when:
- You only need to make a limited change
- Most of your existing will still reflects your wishes
- You want to change one or a few specific provisions
- Your overall estate plan has remained relatively consistent
New Will
Creating a new will may be preferable when:
- You want to make substantial changes
- Multiple provisions need to be updated
- Your family circumstances have changed significantly
- Your existing will is outdated
- You want to simplify or reorganize your estate planning instructions
A new will can sometimes provide a cleaner document than having multiple amendments attached to an older will.
What Happens If You Make Changes Without a Codicil or New Will?
One of the biggest mistakes people make is assuming that informal changes automatically become legally effective.
For example, you might write a note on your existing will saying that a particular beneficiary should receive something different.
That does not necessarily mean the change will be recognized as intended.
Estate planning documents have legal requirements, and improperly changing a will can create uncertainty for your family.
A handwritten note, verbal instruction, or informal document may not accomplish what you intended.
This is one reason it is important to use an appropriate legal process when changing your estate plan.
When Should You Use a Codicil Instead of Creating a New Will?
There is no single rule that says a codicil is always better than a new will.
The decision generally depends on how much of your existing estate plan still reflects your wishes.
A codicil may be appropriate when the change is narrow and the rest of the will remains accurate.
For example, if your only change is replacing the person you previously named as executor, a limited amendment may be worth discussing.
On the other hand, if you have experienced several major life changes and want to revise beneficiaries, property distributions, and executor provisions, creating a new will may provide a clearer and more comprehensive solution.
What Life Changes May Require You to Review Your Will?
You do not necessarily need to wait for a major problem before reviewing your estate plan.
Common events that may justify a review include:
Marriage or Divorce
A marriage or divorce can significantly affect your estate planning goals.
Your existing will may have been created before your current relationship and may no longer reflect your wishes.
Birth or Adoption of a Child
Having a child can create new estate planning considerations, particularly when determining beneficiaries and planning for the child’s future.
Death of a Beneficiary
If someone named in your will passes away, your estate plan may need to be reviewed to determine whether your instructions still work as intended.
Death or Unavailability of an Executor
The person you originally selected as executor may no longer be able or willing to serve.
You may want to name someone else.
Major Financial Changes
Purchasing real estate, starting a business, receiving an inheritance, or experiencing another significant financial change can affect your estate planning needs.
Moving to Another State
Moving can also be a reason to review your estate plan.
Different states have different laws and requirements, so an estate plan created elsewhere may need to be reviewed after establishing residency in Illinois.
Does a Codicil Replace Your Entire Will?
Generally, no.
A codicil is intended to modify specific provisions of an existing will rather than automatically replace the entire document.
The original will continues to provide the other instructions unless they are changed or affected by the codicil.
This is why the language of the codicil matters.
If the original will and codicil are unclear or appear to conflict, your family may face additional questions during estate administration.
A carefully prepared estate plan should make your intentions as clear as possible.
Can You Have More Than One Codicil?
It is possible for an estate plan to contain multiple amendments, but having numerous codicils can make an estate plan more difficult to understand.
Imagine having an original will followed by several separate documents that each modify different sections.
Over time, it may become harder for your family and the person administering your estate to determine exactly what your final wishes are.
If your estate plan has accumulated multiple changes, it may be worth reviewing whether creating a new will would provide a clearer overall document.
What About Beneficiary Designations?
Changing your will does not necessarily change the beneficiary designation on every account you own.
Certain assets can have their own beneficiary designations, including some retirement accounts and insurance policies.
Illinois law also recognizes circumstances in which benefits from insurance, retirement, and other plans can be directed to a designated trustee or beneficiary.
This means your estate plan should be viewed as a complete strategy rather than just a single document.
Updating a will while leaving outdated beneficiary designations in place could produce results that do not match your current intentions.
Reviewing your accounts and beneficiary designations alongside your will can help keep your overall estate plan coordinated.
What About Powers of Attorney?
A will generally addresses what happens after death.
A power of attorney serves a different purpose.
A financial power of attorney can authorize another person to act on your behalf while you are alive, subject to the authority granted by the document.
Illinois has specific rules governing powers of attorney, including provisions concerning an agent’s authority and the preservation of the principal’s estate plan.
This is why reviewing your estate plan should involve more than simply checking your will.
Your powers of attorney and other related documents may also need to be reviewed when your circumstances change.
How Often Should You Review Your Will?
There is no universal schedule that works for everyone.
However, reviewing your estate plan after major life events can help ensure your documents continue to reflect your wishes.
You may want to review your plan when:
- You get married
- You get divorced
- You have or adopt a child
- A beneficiary dies
- Your executor can no longer serve
- You buy or sell significant property
- Your financial situation changes
- You move to another state
- Your family circumstances change
- You create or change a trust
Even when nothing major has happened, periodically reviewing your estate plan can help identify outdated information.
What Should You Do Before Changing Your Will?
Before making changes, take some time to identify exactly what you want to accomplish.
Start by reviewing your current will and other estate planning documents.
Then consider:
- Who should receive your assets?
- Who should serve as your executor?
- Have your beneficiaries changed?
- Have you acquired new property?
- Have you created a trust?
- Are your beneficiary designations current?
- Are your powers of attorney still appropriate?
- Have your family circumstances changed?
Having a clear understanding of your goals can make it easier to determine whether a codicil or a completely new estate plan is appropriate.
How LaCava Law Firm Can Help
Changing an estate plan can involve more than simply replacing one name or changing one sentence.
A change to one document can affect other parts of your overall plan, including beneficiary designations, trusts, powers of attorney, and the way your assets are ultimately transferred.
LaCava Law Firm provides estate planning services for individuals and families throughout Illinois, including guidance involving wills, trusts, powers of attorney, probate, and related estate planning strategies.
The firm can help clients review their current documents, identify changes that may be needed, and develop an estate plan that reflects their current goals and circumstances.
Conclusion
A codicil can be a useful way to make specific changes to an existing will without necessarily creating an entirely new document.
However, it is not always the best option.
If your estate plan only needs a limited adjustment, a codicil may be worth considering. If you have experienced significant life changes or need to revise multiple parts of your plan, creating a new will may provide a clearer solution.
The important thing is to make sure your estate planning documents accurately reflect your current wishes and are properly prepared and executed.
If you are unsure whether you should use a codicil or create a new will, speaking with an Illinois estate planning attorney can help you understand your options and avoid unintended problems for your family.