A client I prepared a will for over a decade ago called my office recently. His life had changed in small but significant ways—a nephew he was once close to had become estranged, and he wanted him removed as a beneficiary of a modest cash bequest. “Can’t I just cross his name out and initial it?” he asked. “Or maybe I can just write up a little note and staple it to the back?”
The impulse is understandable. The change feels small, so the solution should be simple. But in the eyes of the law, there is no such thing as a casual update to a will. Any attempt to alter a will without following strict legal formalities is invalid. The note would be ignored, the cross-out would be disregarded, and the nephew would inherit. This is where the legal instrument known as a codicil comes in, though in my practice, we now see it as a tool to be used with extreme caution.
What a Codicil Is—And What It Requires
A codicil is a separate legal document that modifies, amends, or adds to an existing will without replacing it. It acts as a supplement—a legal amendment used to change an executor, add a beneficiary, or remove a specific gift. For the change to be legally binding, however, the codicil must be executed with the exact same formalities as a will.
This is not a suggestion; it’s a hard rule. Under New York’s Estates, Powers and Trusts Law (EPTL) § 3-4.1, any alteration to a will must be executed with the formalities required for a will in the first place. That means the codicil must be in writing, signed by you at the end, and witnessed by two people who also sign their names. It is, for all intents and purposes, a mini-will.
Failing to meet these requirements renders the codicil void. The Surrogate’s Court will simply disregard it and admit the original will to probate as if the codicil never existed. The stewardship of your assets is too important to risk on a procedural error.
The Practical Risks of Amending a Will by Codicil
While legally valid if done correctly, codicils introduce risks that I believe are unnecessary. For decades, our firm has guided families in Manhattan and across New York, and we have seen these documents create more problems than they solve.
First, there is the physical risk. A codicil is a separate piece of paper. It can be lost, accidentally detached from the will, or simply forgotten. If your executor presents the will to the court without the codicil, the court will probate what it has. Your intended changes vanish. The plan you so carefully constructed is undone by a missing staple.
Second, codicils can create ambiguity. The document must clearly reference the original will and specify which provisions are being changed. If the language is even slightly imprecise, it can lead to confusion and, worse, litigation. A codicil, by its nature, highlights a change—often the disinheritance of one person in favor of another. This puts a spotlight on the change, giving a disgruntled family member a clear target for a will contest. They can argue you were unduly influenced or lacked capacity specifically at the moment you signed that one amendment.
A Better Approach: A New Will
In the past, when wills were typed on manual typewriters, codicils made practical sense. Retyping a 25-page document to change a single paragraph was a laborious and expensive task. That world is long gone.
Revising the digital file of your will is now a simple matter. We can incorporate the changes and produce a new, clean document for you to sign. The cost and effort are minimal, and the benefits are enormous. A new will completely revokes and replaces all prior wills. This creates a single, authoritative document that reflects your current wishes. There are no attachments to get lost and no risk of conflicting language between an old document and a new one.
This approach also offers a degree of privacy. A new will doesn’t broadcast the changes you made. It simply states your final intentions. While the previous will could potentially be discovered, the new one doesn’t hand a potential challenger a roadmap of your family disagreements. It is a more deliberate and prudent way to exercise your stewardship.
Life changes, and your estate plan should evolve with it. But that evolution should be managed with intentionality, not with a patchwork of amendments. A small change to your family structure or finances is a perfect reason to review your entire plan, not just patch a single provision.
If your circumstances have changed since you last signed your will, the correct first step is not to write a note. The most prudent action is to have the original document reviewed by counsel. We can schedule a meeting to analyze your existing will and discuss whether a new one is the right instrument to protect your legacy.
