The A–Z of a Codicil to a Will in Nigeria

The five-second version: Life changed after you wrote your will — a new grandchild, a sold house, an executor who moved abroad, but you don't want to rewrite the whole thing. A codicil is the answer: a short, formal amendment that updates your will without replacing it. The catch is that it has to be executed with the same formality as a will, two independent witnesses and all — or it fails and your outdated will stands. LegalDoc's Codicil to a Will gets it right.

Now the long version.

You wrote your will three years ago. Good for you — most people never do.

But things have moved. You've had another child. You sold the Lekki flat you'd left to your brother. The friend you named as executor relocated to Canada. One of your beneficiaries has, sadly, passed away. None of these are dramatic enough to justify tearing up a document you carefully thought through — but leaving the will as it stands means it no longer matches your life.

This is exactly what a codicil is for.

What a codicil actually is

A codicil is a legal document that amends, adds to, or partially revokes an existing will, without replacing it. Think of it as an official addendum. The original will remains in force; the codicil sits alongside it, modifying the specific parts you want changed, and the two are read together as your complete testamentary wishes.

It's the surgical tool of estate planning. Rather than rewriting everything — and risking new errors in clauses that were perfectly fine — you touch only what needs touching.

The rule that catches everyone: same formality as a will

Here's the single most important thing to understand, and the thing people get wrong.

A codicil must be executed with exactly the same formality as a will. Every rule of capacity, signing and attestation that applies to a will applies with equal force to a codicil. That means you must have testamentary capacity when you make it, you must sign it, and it must be attested by two witnesses present when you sign.

And yes — the witness rule applies too. A witness to the codicil should not be a beneficiary under it, or married to one, or the gift to them may be void. People who carefully used independent witnesses for their will sometimes get casual with the codicil, ask a beneficiary to witness it, and quietly void the very gift they were trying to create.

A casually signed codicil — no witnesses, or the wrong witnesses — is not a valid amendment. It changes nothing. Your outdated will stands, and the update you thought you'd made simply doesn't exist.

When a codicil is the right tool

Codicils suit small-to-moderate changes. Adding a new grandchild as a beneficiary. Changing or adding an executor. Adjusting a specific bequest. Removing a gift that no longer makes sense because the asset was sold. Updating a guardian for your minor children because the person you named is no longer suitable.

When you should rewrite the whole will instead

Codicils have a limit, and it's worth being honest about it. If you're making sweeping changes — overhauling how the bulk of your estate is distributed, or piling codicil upon codicil until the picture is confusing — a fresh will is cleaner and safer.

Multiple codicils create interpretation risk: your executor and the court have to reconcile the will with codicil one, two and three, and inconsistencies breed disputes. As a rough rule, one or two clean codicils are fine. Beyond that, rewrite. A new will with a clear revocation clause cancelling everything before it removes all ambiguity in a single stroke.

An underrated use: rescuing a witnessed-gift problem

Here's a genuinely clever use most people don't know about. Suppose a beneficiary accidentally witnessed your original will, voiding their gift. A properly executed codicil that reconfirms that gift — witnessed by different, independent people — can validate what the original will couldn't. The codicil, in effect, repairs the defect. It's a neat illustration of why the tool exists.

Keep it with the will

A codicil is meaningless if it can't be found alongside the will it amends. Store them together, tell your executor both documents exist, and never staple changes onto the will informally. The codicil is the formal, valid way to make the change; a handwritten note in the margin is not.

Where LegalDoc comes in

Your will was right when you wrote it. Your life kept moving. A codicil is how you keep the two in step without starting from scratch.

LegalDoc's Codicil to a Will guides you through the amendment properly — identifying the original will, specifying exactly what changes, and structuring the document so it executes with full testamentary formality. You download it in Word and PDF, ready to sign before two independent witnesses. And if what you actually need is a fresh start rather than an amendment, LegalDoc's Last Will and Testament is right there too.

Straight about what we are: LegalDoc is a documents partner, not a law firm. For complex estates or where you're unsure whether to amend or rewrite, have a lawyer take a look. For a clean, specific change to an otherwise sound will, a codicil is exactly the tool — done with the same care as the will itself.

Start here: legaldoc.ng.

Frequently asked questions

What's the difference between a codicil and a new will?

A codicil amends an existing will while leaving the rest intact. A new will replaces the old one entirely (with a revocation clause cancelling it). Use a codicil for small, specific changes; write a new will for wholesale changes or when amendments have piled up.

Does a codicil need witnesses?

Yes — the same as a will. Two witnesses must be present when you sign, and they must attest and sign in your presence. And they shouldn't be beneficiaries under the codicil, or a gift to them may be void. Skipping this makes the codicil invalid.

How many codicils can I have?

Legally there's no fixed limit, but practically, keep it to one or two. Multiple codicils create confusion and interpretation disputes. Once you're on your third change, a fresh will is cleaner and safer.

Can a codicil fix a gift that was voided because a beneficiary witnessed the will?

Yes — this is one of its clever uses. A properly executed codicil reconfirming the gift, witnessed by different independent people, can validate a gift the original will couldn't. The codicil repairs the defect.

Do I keep the codicil separately from my will?

No — keep them together, and tell your executor both exist. They're read as one set of instructions. A codicil separated from its will, or one nobody knows about, can't do its job.

Can I just write my changes on the original will?

Don't. Alterations to an executed will have their own strict execution rules, and informal handwritten changes typically have no effect and cause disputes. A codicil is the proper, valid way to make the change.

Does a codicil have to be dated?

It should be, clearly. The date establishes that the codicil is later than the will and reflects your most recent intention, which matters if there's ever a question about sequence.

LegalDoc provides ready-to-use Nigerian legal documents drafted by qualified Nigerian lawyers. This article is general information reflecting the position as at July 2026, not legal advice.