Codicils

You can change, add to or even revoke your will any time before your death as long as you are physically and mentally competent to make the change. An amendment to a will is called a codicil. It sounds like a cold medicine, and you might think of it as a cure for an obsolete will.

You can’t simply cross out old provisions in your will and scribble in new ones if you want the changes to be effective. You have to formally execute a codicil, using the same formalities as when executing the will itself. Of course, it’s vital that such codicils be dated so the court can tell whether they were made after your will. The codicil should be kept with the will.

As the same mental ability and freedom from undue influence is required for a codicil as for a will, if the changes are substantial, it may be advisable to write a new will. It’s a good idea to check with your lawyer before revising or revoking your will.

One reason to execute a codicil is to avoid ademption, which is what happens if you will something (say, your antique automobile) to someone, but by the time you die, you no longer own that auto. In this case, the gift would fail completely; the beneficiary wouldn’t be entitled to another vehicle. A good will avoids this by using language like, “I give my antique Rolls Royce, to my son-in-law, Joe, but if I don’t own it, at the time of my death, I give to said son-in-law a choice of any automobile I do own at the time of my death.” If your will didn’t handle the matter that way, you can take care of the problem in a codicil.