A codicil is a document that acts as an addendum to a Last Will and Testament, meaning it can make changes to an existing Will (with additions, substitutions, and/or deletions).
Only the creator of a Last Will (the testator or principal) can make changes to their Last Will and Testament. This means that even if someone has Power of Attorney, they cannot create a Codicil to make changes to the principal's Will.
Some common things people change in their Last Wills using Codicils include:
- Beneficiaries of their estate, assets, and/or gifts
- Guardians for their children
- Executor of their Will
The requirements can differ from state to state, but typically Codicils do not have to be notarized. They do, however, have to be signed by witnesses who are not listed as beneficiaries in the Last Will. The number of witnesses can differ between states as well, but usually the number is no less than two.
From Investopedia.com:
Codicils derive their name from the Middle English term codicill, which is from the Anglo-French codicille and the Latin codicillus, which meant a writing tablet and codex, which meant book. Therefore, the term codicil translates into the literal meaning of a little codex, or little book, which is a little bit of writing on a small piece of writing material, used to add to or change something about a larger piece of writing. In this case, the codicil is adding, subtracting, or changing the provisions of a will.
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