What Is a Codicil?
In estate planning, life circumstances change constantly—a new grandchild is born, a designated executor moves out of state, or a specific asset is sold. If you want to update your Last Will and Testament to reflect these changes, you do not always need to tear up the old will and start over. Instead, you can execute a codicil.
A codicil is a supplementary document that attaches to the original will. It explicitly states which specific paragraphs or clauses of the original will are being changed, while legally reaffirming that the rest of the original will remains fully valid and enforceable.
Florida Execution Requirements
A common misconception is that a codicil can simply be a handwritten note stapled to a will or a crossed-out line with initials next to it. Under Florida law (Chapter 732, Florida Statutes), crossing out text on your original will is legally invalid and can actually void the entire document.
Because a codicil has the power to alter the distribution of your real estate and assets, a codicil must be executed with the exact same legal formalities as the original will. In Florida, this means the codicil must be:
- In writing.
- Signed by the testator (the person making the will) at the end of the document.
- Signed in the physical presence of two witnesses, who must also sign the document in the presence of each other and the testator.
If a codicil is not executed with these strict formalities, the probate court will ignore it, and the terms of the original, outdated will will dictate who inherits your property.
When to Use a New Will Instead
Codicils were incredibly popular before computers existed, when re-typing a 20-page legal document on a typewriter was a massive undertaking. Today, estate planning attorneys generally advise against using codicils unless the change is extremely minor (like updating the name of a charity). If you are making significant changes—such as disinheriting a child or altering how your primary real estate is divided—drafting a completely new will is far safer, as it eliminates the risk of a codicil being lost or contradicting the original text.
Related Terms
- Bequest — A gift of personal property often altered via a codicil
- Probate — The court process where the will and codicils are validated
- Testator — The person creating the will and the codicil
Barnes Walker Estate Planning
Barnes Walker's estate planning attorneys assist Florida residents in safely updating their estate plans, ensuring that all modifications—whether via a codicil or a newly drafted will—strictly comply with Florida execution laws to prevent future probate disputes. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 732
Governs the execution requirements for valid wills in Florida, intestate succession, the elective share, and the rights of pretermitted spouses and children.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC