A will is one of the most important documents you’ll draft in your lifetime. It allows you to ensure your loved ones are cared for, your assets are distributed in line with your wishes, and your legacy is protected. However, life is unpredictable—relationships change, assets are acquired, and family dynamics evolve over time. When these changes occur, does it mean you need an entirely new will? Not necessarily.
This is where a codicil comes into play. At Gieg & Jancula, a trusted law firm in Altoona, PA specializing in trusts, wills, and estate planning, we’re here to explain what a codicil to a will is, when you should consider one, and how it can benefit you.
What is a Codicil to a Will?
A codicil is a legal document that acts as an amendment to your existing will. Think of it as a “mini will” used to make minor adjustments, without the need to rewrite the entire document. Codicils are formally recognized additions or modifications that ensure your will reflects your current wishes while still holding the same legal weight as the original document.
For example, you may use a codicil to:
- Change who receives specific assets.
- Update your choice of executor.
- Add or remove beneficiaries.
- Adjust specific instructions regarding property or other holdings.
At Gieg & Jancula, we often compare codicils to a post-it note you attach to a will, but with all the legal formality and enforceability required to protect your estate.
Why Might You Need a Codicil to a Will?
Life is never static. Whether you’ve welcomed a new family member, acquired significant assets, or experienced a shift in personal dynamics, your current will may no longer reflect your intentions. Here are some scenarios where a codicil may be the ideal solution:
Adding or Removing Beneficiaries
Has your family grown with the arrival of a child or grandchild? Have relationships impacted your decisions regarding who should inherit? A codicil allows you to easily include or exclude beneficiaries without starting from scratch.
Changing Your Executor/Trustee
Your chosen executor or trustee has a significant role in carrying out your will. Life circumstances like relocation or health issues could make that challenging for your current selection. A codicil can appoint someone better suited to handle the responsibilities.
Accounting for New Assets
Acquired a new property or significant investment? Without an update, these assets may not be appropriately distributed. A codicil efficiently includes them in your estate plan.
Revising Charitable Wishes
Feel called to include a charity or cause close to your heart? Codicils are frequently used to enact changes regarding charitable contributions.
Remember, your will should be a living reflection of your wishes, and a codicil ensures this.
How is a Codicil Different from Writing a New Will?
A codicil is often used when there are minimal changes required to your existing will. However, it’s not suitable for every scenario. If your circumstances have significantly evolved—such as entering into a complex business venture or moving to another state—it may make more sense to create an entirely new will.
At Gieg & Jancula, we guide our clients through this decision by assessing the scope of the amendments needed. Minor changes, such as appointing a new executor, may only require a codicil, while major life changes like marriage or divorce often necessitate drafting a fresh will.
Your individual circumstances dictate the best course of action, and we’re here to advise and ensure clarity in your estate planning process.
Creating a Legally Binding Codicil to Will
While codicils are simpler than drafting a new will, they still require precise legal execution to ensure they’re valid. This includes proper wording, signatures, and witnesses, just like the original will. Missteps in this process can lead to confusion, disputes, or even the codicil being deemed invalid.
At Gieg & Jancula, we ensure that your codicil complies with all Pennsylvania state laws. Here’s what the process looks like:
- Drafting the Codicil – We’ll prepare a document clearly stating the amendments you wish to make to your will. This language must be unambiguous to avoid misinterpretation.
- Signing in the Presence of Witnesses – Like your original will, a codicil must be signed in front of witnesses to be legally binding.
- Avoiding Contradictions – To prevent confusion, we ensure the codicil aligns seamlessly with your existing will.
- Safe Storage – Your codicil must be stored securely with your will and shared with those involved in your estate (such as your executor).
Trying to create a codicil without legal help is risky, and mistakes can jeopardize your estate plan. With Gieg & Jancula, we’ll provide you with peace of mind knowing your intentions will be honored.
Should You Use a Codicil or Write a New Will?
You may be wondering, when should I choose a codicil, and when is it time for an entirely new will? Here’s a general guide:
- Use a Codicil for minor updates, like changing beneficiaries, updating an executor, or adding new assets.
- Draft a New Will for major life events—marriage, divorce, birth of children, or a significant shift in financial circumstances.
At Gieg & Jancula, we specialize in helping Altoona, PA residents avoid the pitfalls of confusing or outdated wills by tailoring solutions to your unique circumstances.
Frequently Asked Questions About Codicils
To empower you with even more clarity, here are answers to some common questions about codicils for Pennsylvania residents.
1. Can I write a codicil myself?
While it’s technically possible, DIY codicils are fraught with risks. If the language isn’t precise or Pennsylvania’s legal formalities aren’t strictly followed, the codicil could be ruled invalid. Working with an experienced law firm like Gieg & Jancula ensures your codicil is error-free and enforceable.
2. How many codicils can I have?
There’s no legal limit to the number of codicils you can attach to a will. However, multiple codicils can create complexity or confusion, so we recommend consolidating major changes into a new will when necessary.
3. Does a codicil override the original will?
A codicil doesn’t replace your will—it supplements or modifies specific portions. The original document remains valid as long as the codicil doesn’t contradict it.
4. Are there costs associated with creating a codicil?
The cost of a codicil depends on the complexity of the changes you’re making. At Gieg & Jancula, we offer transparent pricing and will discuss your options during your initial consultation.
5. Can codicils be contested?
Yes, just like a will, a codicil can be contested if there are allegations of fraud, coercion, or incompetence. This underscores the importance of working with experienced estate planning attorneys.
Trust Gieg & Jancula for Your Estate Planning Needs
Updating your will doesn’t have to be a stressful or overwhelming process. At Gieg & Jancula, we provide Altoona, PA residents with expert guidance on estate planning, helping you make confident decisions about your future.
Our experienced attorneys approach every client with empathy and professionalism. Your priorities and questions will always come first, and we prioritize creating solutions tailor-made for you. Whether you’re considering a codicil or a completely new will, we’re here to help protect your legacy and loved ones.
Curious if a codicil to will is right for you? Schedule a consultation with Gieg & Jancula today at 814-946-1606. Together, we’ll ensure your estate plan accurately reflects your wishes, giving you and your family peace of mind.