Estate planning is not “set and forget.” When your life changes—marriage, divorce, a child’s birth, a home purchase, a move to a new state—your last will and testament should change, too. The question is whether to amend with a codicil or to sign a new will. This article explains, in practical terms, how lawyers decide between the two, how to execute either document under your state‑specific witness requirements, and how to keep beneficiary designations aligned so probate runs cleanly.

What a codicil is (and when it’s enough)

A codicil is a separate document that amends your will without replacing it. Think of it as a targeted patch. It references the date of your original will, states the changes, and reaffirms everything else. Codicils are ideal for small, discrete updates:

• Swapping an executor or guardian;

• Correcting a name or address;

• Adjusting a specific bequest (e.g., increasing a gift to a niece).

A codicil must be executed with the same formalities as a will: typically two adult witnesses and, in many states, a self‑proving affidavit before a notary. Store it with the original will so your executor can prove the entire set without confusion.

When a new will is better

If your plan is changing in multiple places—new beneficiaries, changed percentages, new minors’ trust terms—it’s cleaner to sign a new will. Stacking codicils invites inconsistency: one codicil updates guardians, another changes charitable gifts, a third modifies the residuary shares. In probate, your executor is left cross‑referencing amendments. A new will consolidates all decisions and revokes prior wills and codicils in one step.

Sign a new will when:

• You have a new family structure (marriage, divorce, new child, blended family).

• You’re re‑allocating major shares or adding/removing beneficiaries.

• You want to simplify administration by eliminating multiple codicils.

• You moved to a new state and prefer local formalities and references.

Don’t handwrite edits on the original

Resist the urge to scratch out a clause or scribble a new number in the margin. Handwritten changes after execution create disputes about intent and validity and can force a court hearing. Use a codicil or a new will—never mark up the signed original.

Coordinate with beneficiary designations (always)

Retirement accounts, life insurance, and some brokerage/bank accounts pass by beneficiary designation, not your will. Any time you amend or replace your will, review and update those forms. A codicil that removes a beneficiary does nothing to a 401(k) designation unless you file a new form with the plan.

Execution: formalities still rule

Whether you choose a codicil or a new will, follow your state‑specific witness requirements precisely:

• Use two disinterested adult witnesses;

• Sign in proper sequence and in each other’s presence when required;

• Add a self‑proving affidavit with a notary if available;

• Date the document and keep your signature consistent;

• Store the original at home and tell your executor what changed.

Practical decision framework

Ask three questions:

1. Scope: Is this a surgical tweak (codicil) or a broad revision (new will)?

2. Clarity: Will another document on top of the old one cause confusion? If yes, sign a new will.

3. Momentum: Do you expect more changes soon? If yes, a new will keeps things tidy.

Example: two common scenarios

• Codicil case: You want to replace your executor because they moved overseas. A short codicil naming a new executor and alternate, executed with full formalities, solves it cleanly.

• New‑will case: You remarried, bought a home, and want to add a minors’ trust. That’s a new will: revised residuary plan, new fiduciaries, guardianship language, and clean execution.

After the update: communicate and store

Tell your executor (and, if applicable, your guardian and trustee) what you changed and why. Replace any scanned copies you previously shared with loved ones so no one relies on an outdated version. Keep the original with your estate binder.

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