What codicil means
A codicil is an amendment to a will.
It does not replace the will. It sits alongside it, referring to it expressly, and changes the parts it names while leaving everything else intact. Read together, the will and any codicils form the complete testamentary document.
The formality is the point people miss. A codicil is not a note or a letter. It must be executed exactly as a will is: in writing, signed by the testator, in the presence of at least two witnesses present at the same time, who then sign in the testator's presence.
A handwritten amendment on the face of an existing will, or a signed letter saying you have changed your mind, generally achieves nothing. Worse, crossing something out on the original can raise questions about the validity of the whole document.
How it is used
A codicil suits small, clean changes.
Adding a specific gift. Removing one. Changing an executor who has died or moved abroad. Appointing a different guardian for children. Correcting the spelling of a beneficiary's name or an address. Adjusting a share slightly.
A workable codicil identifies the will by its date, states clearly which clause it amends and how, confirms that the rest of the will stands, and is dated, signed and witnessed properly.
Where the changes are substantial, or where two or three codicils already exist, a new will is the better answer. A will with several codicils becomes difficult to read as a whole, and the risk of an inconsistency between them grows with each one. A fresh will that revokes all previous wills and codicils resolves it in one document.
Keep the codicil with the original will. A codicil that nobody finds does nothing, and an executor who produces the will without it is administering an estate on the wrong terms.
Key features
- Amends part of an existing will without replacing it
- Must be executed with the same formality as a will
- Requires at least two witnesses present at the same time
- Should identify the will by date and confirm the rest stands
- Best suited to small changes rather than substantial ones
- Must be kept with the original will to be effective in practice
How this works in Nigeria
Wills in Nigeria are governed by the Wills Act or the Wills Law of the relevant state, and the execution requirements for a codicil follow the same rules as for the will.
The rule that costs families most is the witness rule. A person who witnesses a codicil, and their spouse, cannot take a benefit under it. So a testator who adds a gift to a nephew by codicil, and asks that nephew to witness it, has cancelled the very gift they were trying to make. It is discovered at probate, when nothing can be done.
Customary law considerations also apply in some states, where certain property may not be freely disposed of by will regardless of what the document says. A codicil cannot cure that limitation.
Storage is the other Nigerian problem. Wills and codicils are frequently kept in a personal safe or with a relative, and the codicil goes missing while the will survives. Depositing both at the probate registry, or with a solicitor who records where they are, avoids an estate being administered on outdated terms.
Codicil vs a new will
Two ways to change what happens to your estate, suited to different situations.
A codicil amends. It is short, cheap and quick, it leaves the original will standing, and it works well for one or two discrete changes.
A new will replaces. It revokes all previous wills and codicils, and it leaves one clean document that says everything. It costs a little more and takes a little longer.
The practical rule is arithmetic. One small change, use a codicil. Several changes, a change to the residuary estate, a change after a marriage or divorce, or a second codicil already in existence, write a new will.
Marriage in particular deserves attention, because in many jurisdictions marriage revokes an earlier will unless it was made in contemplation of that marriage. After a marriage or a divorce the right answer is almost always a fresh will rather than an amendment.
Limits and risks
A defectively executed codicil is simply ineffective. The will stands as it was, and the change the testator intended does not happen.
Codicils also multiply confusion. Three codicils to a twelve year old will produce a document that has to be assembled and reconciled at probate, and inconsistencies between them are litigated.
A codicil cannot dispose of property the testator could not dispose of by will in the first place, including property held jointly with a right of survivorship and, in some states, certain family property.
And it can revive problems. A codicil that refers to an earlier revoked will can, depending on its wording, have the effect of reviving it, which is rarely what anybody intended.
Worth knowing
Never let a beneficiary of the codicil, or their spouse, act as a witness to it. The gift to that person fails, the family finds out at probate, and the only person who could have fixed it has died.
Questions people ask
What is a codicil?
A short document that amends part of an existing will without replacing it. It must be executed with the same formality as a will, including signature and at least two witnesses present at the same time.
Can I just write changes on my will?
No. Handwritten alterations on the face of a will generally achieve nothing and can raise questions about the validity of the whole document. Use a properly executed codicil or a new will.
When should I write a new will instead of a codicil?
Where the changes are substantial, where they affect the residuary estate, where a codicil already exists, or after a marriage or divorce. A fresh will revoking everything earlier leaves one clean document.
How many witnesses does a codicil need?
At least two, present at the same time when the testator signs, who then sign in the testator's presence. The requirements mirror those for the will itself.
Can a beneficiary witness a codicil?
They should not. A beneficiary who witnesses, and their spouse, loses the gift under that document. It is one of the most common and most damaging mistakes in Nigerian will drafting.
Where should I keep a codicil?
With the original will, and tell your executors where both are. A codicil that nobody finds means the estate is administered on outdated terms.