TL;DR Key Takeaways :
A codicil in Texas is a practical tool for making minor changes to a will without the need for a complete rewrite. It is commonly used for updating beneficiaries, executors, or specific bequests, and must follow the same legal formalities as the original will to be valid.
Under Texas Inheritance Laws, a codicil is a supplement to a will. It can add to a will, revoke part of a will or explain parts of a will. If you want to make small changes to your will but you don’t want to rewrite the whole will, you can make a codicil. A codicil republishes the original will. The will and codicil are then to be regarded as one instrument speaking from the date of the codicil. The codicil must refer to the original will to be effective. Because the codicil is so tied in with the original will, it must be executed with the same formalities required of a will. 280 / 731.
If the codicil was validly executed and republishes the prior will, proof of the codicil will operate also to establish the will without further proof. 320/660. I have previously written about some problems with codicils here and here.
Examples of Codicil Usage:
- Changing Beneficiaries: If someone wants to add a new beneficiary or remove an existing one, they can use a codicil to make this change without drafting a new will. For instance, if a grandchild is born and the testator wants to include them in the will, a codicil can be used to add the grandchild as a beneficiary.
- Updating Executors: If the original executor named in the will is no longer available or suitable, a codicil can be used to appoint a new executor.
- Modifying Specific Bequests: If the testator wants to change the amount of money or specific property left to a beneficiary, a codicil can be used to update these details. For example, if the testator initially left $10,000 to a friend but now wants to increase it to $20,000, a codicil can reflect this change.
- Clarifying Ambiguities: If a provision in the original will is unclear or needs further explanation, a codicil can be used to clarify the testator’s intentions.
- Revoking Provisions: A codicil can also be used to revoke certain parts of the will. For example, if the testator no longer wishes to leave a specific asset to a beneficiary, a codicil can revoke that provision.
Update Texas Inheritance: In 2019, the dispute was over a codicil that referred to the original will “written in the summer of 2016.” The original will was actually executed in February 2017. The court ruled that the codicil did not refer to the original will as required and the codicil was no good. 04-18-00355-CV
By Robert Ray a Texas inheritance attorney. The foregoing information is general in nature and does not apply to every fact situation. If you are concerned about Texas inheritance laws, inheritance rights, probate limits, have a family inheritance dispute, a property dispute or want to know the reasons for contesting a will or protecting a will from a contest and need an inheritance lawyer, we can help. Please click on the “Contact Us” tab above and use the contact form to contact us today. We are Texas inheritance lawyers and would love to learn about your case. There is no fee for the initial consultation.
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