A client in Manhattan signed her will with us five years ago. The plan was solid—it provided for her two children and left a gift to her alma mater. Then, last year, her first grandchild was born. A few months later, she sold a vacation property she had designated for her son. Her plans no longer reflected her reality. This story is common, and it raises a critical question: how do you change a will that has already been signed and witnessed?
The answer is not to take a pen and cross out a name or scribble a new bequest in the margin. An act like that can invalidate the entire document. The formal, legal instrument for amending a will in New York is called a codicil.
The Codicil: A Formal Update to Your Legacy
A codicil is an addendum to your will. It is a separate document that makes specific changes—adding a beneficiary, removing a provision, or changing an executor—while reaffirming the rest of the original document. It must be executed with the exact same legal formalities as the will itself.
Under New York’s Estates, Powers and Trusts Law (EPTL) § 3-2.1, this means a codicil must be:
- In writing and signed by you (the testator) at the very end.
- Signed in the presence of at least two witnesses.
- Declared by you to the witnesses that the instrument is, in fact, a codicil to your will.
- Signed by the two witnesses, at your request, within a 30-day period.
These are not suggestions. They are strict requirements. If a codicil fails to meet these standards, the Surrogate’s Court will disregard it. The terms of your original will stand—no matter how much your life has changed.
Codicil vs. New Will: A Question of Stewardship
While a codicil is a valid tool, it is not always the right one. I often advise clients to execute an entirely new will instead. Why? Clarity.
A codicil is appropriate for a single, simple change. If your chosen executor passes away, for example, a codicil can efficiently name a successor. But when changes are substantial or numerous, relying on a codicil creates problems.
When you have a will and one or more codicils, all the documents must be read together to understand your final wishes. This creates ambiguity or internal contradictions—fertile ground for disputes among beneficiaries. A will contest is a painful, expensive, and public process that drains estate assets and damages family relationships. A clean, updated will that revokes all prior versions is often the most prudent way to ensure your intentions are clear and your family is spared that conflict. Stewardship of your legacy means not just deciding who gets what, but also delivering that inheritance with as little friction as possible.
The Dangers of a “Simple” Change
The impulse to make a “quick fix” to a will is understandable, but it is dangerous. I have seen estates thrown into chaos by a testator’s well-meaning but legally flawed attempts to amend their own documents. A handwritten note, an unsigned codicil, or a will with crossed-out paragraphs can all be challenged.
The law’s strict formalities exist to protect the testator’s intent from fraud and undue influence. When we supervise the execution of a will or codicil, we create a record. We establish that the testator was of sound mind, understood the document, and acted of their own free will. This process provides a powerful defense if the document is ever questioned in Surrogate’s Court.
A codicil may seem simple, but its creation demands the same deliberate care as your original will. It is a legal instrument that redirects a piece of your life’s work. It deserves that level of gravity.
If your life has changed since you signed your will, the document should change with it. The first step is to write down what is different and what you now wish to happen. The next is to schedule a review with counsel to determine if a codicil or a new will is the right instrument for your family’s future.
