Writing a Codicil to a Will

By Jedidiah McKeehan

Estate planning makes sure assets are distributed according to an individual’s wishes. In Tennessee, people who have drafted a will may need to make changes without rewriting the entire document. Personally, I recommend trashing the old will and writing a whole new will. But if you do not want to do that, you can write a codicil. A codicil is a legal amendment that allows changes while keeping the original will intact.

Some things that a codicil may be used for include: adding or removing beneficiaries, changing executors or trustees, updating asset distributions, or correcting errors in the original will.

In Tennessee, a codicil must comply with Tennessee Code Annotated section 32-1-104, and must generally: be in writing, be signed, be witnessed by two competent individuals who sign in the testator’s presence, be made voluntarily and without undue influence. It’s always a good idea to have this document notarized as well.

Codicils are useful for minor changes but instead of leaving people to navigate multiple documents, it may be easier to draft a whole new will.

If you think drafting a codicil may interest you, here are some tips: consult an attorney; be clear and specific about what is being changed as well as identifying the original will that is being changed; make sure the codicil is executed correctly; consider skipping the codicil and doing a new will so there is less confusion; once the codicil is completed, keep it in a safe place.

A codicil is a perfectly legal document, however, even though it is legal, it may be simpler and more straightforward to simply do a new will.

Jedidiah McKeehan is an attorney practicing in Knox County and surrounding counties.  He works in many areas, including divorce, custody, criminal, and personal injury. Visit attorney-knoxville.com for more information about this legal issue and other legal issues.