Select your state

Wills, trusts, and estates

codicil

A codicil is a supplement to a previous will that adds to, modifies, amends, or revokes one or more provisions of the earlier will. Laws regarding codicils vary from state to state and in some states a codicil may not replace an earlier will—but in some states it may.

In New Jersey, a codicil is a legal instrument that is used to make changes to an existing will. It allows the testator (the person who made the will) to amend, modify, or revoke certain provisions of their will without having to draft a new will from scratch. The codicil must be executed with the same formalities as a will, which means it must be in writing, signed by the testator, and witnessed by at least two individuals who will not receive any benefits from the will. While a codicil can make specific changes to the will, it does not replace the original will. Instead, it is read in conjunction with the will and is considered part of the testamentary documents that express the testator's final wishes. If there are any conflicts between the provisions of the will and the codicil, the terms of the codicil will generally prevail, provided it was the last testamentary document executed by the testator.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Learn More

Articles

Understanding Codicils: An Essential Guide to Amending Your Will

In the world of wills and estate planning, there's a savvy solution to avoid this hassle, and it's called a codicil. A codicil is like a legal 'P.S.' to your will. It allows you to make specific changes or additions without needing a full rewrite.

New-Jersey State Code

Wills, trusts, and estates