How to Change a Will: Codicil vs. New Will (2026)
Change your will with a codicil for small edits or a new will for major changes. Both must be signed and witnessed like the original. Never handwrite changes onto a signed will — it can invalidate it.
How do you change a will?
You change a will in one of two ways: a codicil for small edits, or a new will that revokes the old one for major changes. Either way, the change must be signed and witnessed with the same formalities as the original will — usually your signature plus two competent witnesses. You cannot validly change a will by handwriting edits onto it.
Key takeaways
- A codicil amends; a new will replaces. Both need the same two-witness execution as the original.
- Crossing out or writing on a signed will can invalidate the change — and sometimes the whole will.
- For anything beyond one or two small edits, a new will with a revocation clause is cleaner and safer.
- Major life events — marriage, divorce, a new child, a big asset change, a move to a new state — are the triggers to update.
Option 1: A codicil (for small changes)
A codicil is a short document that references your existing will and states the specific change. It is the right tool for a single, clear edit such as:
- Changing your executor or a named guardian.
- Updating one bequest (adding, removing, or changing a gift).
- Correcting a name or a minor error.
A codicil must be executed exactly like a will: you sign it in the physical presence of two competent, disinterested witnesses, who then sign. Store it with the original will. The downside of codicils is that stacking several of them over the years creates a confusing paper trail that can invite a challenge — which is why more than one or two changes usually means it is time for a new will.
Option 2: A new will (for major changes)
For significant changes, write a new will that includes a revocation clause ("I revoke all prior wills and codicils"). This replaces the old document entirely and eliminates any conflict between versions. Use a new will when you are:
- Changing your primary beneficiaries or the overall distribution.
- Making several edits at once.
- Cleaning up after multiple codicils.
- Updating after a marriage, divorce, birth, or move to a new state.
After signing the new will, physically destroy the old original and any copies to avoid confusion. If you are rewriting from scratch, Pactlio Wills walks you through a fresh state-specific draft with the signing steps for your state — create an updated will here.
When you are legally prompted to update
Some life events change your will's effect by operation of law, but you should still update the document:
- Divorce: most states automatically revoke gifts to and appointments of an ex-spouse (Uniform Probate Code § 2-804). The rest of the plan still needs review.
- Marriage: a new spouse may have a statutory right to a share (an "elective share") even if the will is silent — and some states partially revoke a pre-marriage will as to the new spouse.
- New child: an "omitted" or "pretermitted" child born after the will may be entitled to an intestate share unless the will addresses future children.
Common mistakes to avoid
- Handwriting changes on the signed original — the single most common way people accidentally invalidate their wishes.
- Executing a codicil without two witnesses (same rule as the will).
- Leaving multiple conflicting codicils that contradict each other.
- Forgetting to destroy the old will after signing a new one.
- Relying on divorce alone to "fix" the will instead of formally updating it.
Sources
- Uniform Probate Code § 2-507 (revocation) and § 2-804 (revocation by divorce): https://www.law.cornell.edu/uniform/probate
- Cornell Law School, Legal Information Institute — Codicil: https://www.law.cornell.edu/wex/codicil
- American Bar Association — Estate Planning: https://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/
This article is general information, not legal advice. Laws vary by jurisdiction. Pactlio generates professional drafts for review — have a licensed attorney review anything important.
Frequently Asked Questions
What is a codicil?▾
A codicil is a legal document that amends an existing will without replacing it. It must be executed with the same formalities as the will — signed by you in front of two competent witnesses who also sign. A codicil is best for small, specific changes such as swapping an executor or updating one bequest.
Can I just handwrite changes on my existing will?▾
No. Crossing out lines, writing in margins, or initialing edits on a signed will can invalidate the changes — and in some states can jeopardize the entire will. Always make changes through a properly executed codicil or a new will.
How do I change the executor of my will?▾
Changing an executor is a common, small change best handled with a codicil that names the new executor and revokes the prior appointment, executed with two witnesses. If you are making several changes at once, it is usually cleaner to write a new will.
Codicil or new will — which should I use?▾
Use a codicil for one or two small, clear changes. Use a new will for major changes, multiple edits, or anything affecting the core distribution — a fresh will with a revocation clause avoids conflicting documents that can trigger a will contest.
Does divorce automatically change my will?▾
In most states, divorce automatically revokes gifts to and the executor appointment of a former spouse (Uniform Probate Code § 2-804), treating them as if they predeceased you. Do not rely on that alone — update the will so the rest of your plan reflects your current wishes.