Codicils for Washington State
A codicil is a document that modifies an existing will. It must be executed with all the formalities that are required for a will, including the signatures of the testator and witnesses. The codicil ordinarily incorporates by reference the will it modifies.
Generally, codicils are used to adapt a will to changed circumstances, such as a divorce or death, or a falling out in the family. Done properly, codicils are a simple and cost-effective alternative to drafting an entire new will.
In addition to modifying a will, some of the possible effects of a codicil include:
- Redating a will. When a will is later construed, the pertinent date will be the date of the codicil, not the date the original will was executed.
- Validating a will. If the original will was not properly executed, but the codicil was proper and incorporated the original will by reference, then the incorporation has the effect of making the original will valid in execution.
- Reinstating a revoked will. The incorporation of a previously revoked will in a subsequent codicil will have the effect of reinstating that will.