How to Amend a Texas Will With a Codicil

One of the most efficient ways to amend a will is through a legal document known as a codicil. Texas, like most other states, allows you to make adjustments to your will using a codicil, which eliminates the need to draft an entirely new document This can be particularly helpful for the minor changes associated with DIY estate planning. For help with this or any estate planning needs relating to your overall financial picture, consider talking to a financial advisor.

How a Codicil Works in Texas

A codicil is a legal document that allows individuals to make amendments to their existing will, instead of drafting a completely new one, due to changes in circumstances such as the birth of a child, marriage, or updates to an investment portfolio. The codicil must be signed by the person who created the will, also known as a testator, and witnessed by at least two credible witnesses. This ensures that the changes are legally binding and reflect the testator’s current intentions. It’s important to note that a codicil can either add to, modify, or revoke parts of the original will, but it cannot stand alone as a will itself.

While codicils offer flexibility, they can also introduce complications if not executed properly. Multiple codicils can lead to confusion and inconsistencies, making it difficult for executors to interpret the testator’s true intentions. Additionally, if a codicil contradicts the original will without clear language, it may result in legal disputes among beneficiaries.

Requirements to Make Your Will Change Valid

How to Amend a Texas Will With a Codicil

Anyone using a codicil in Texas to modify an existing will must meet the same formalities as the original will. To be considered an official legal document the codicil must be in writing, signed by the testator, and witnessed by at least two credible witnesses who are at least 14 years old. These witnesses must be present at the same time and sign the codicil in the presence of the testator.

The language used in the codicil should be precise and unambiguous to reflect your wishes accurately. Any vague or unclear terms can lead to misinterpretations, which might result in legal challenges. Consulting with an estate planning attorney when drafting a codicil can help ensure that your intentions are clearly articulated and legally binding.

When amending a will, it’s important to ensure that the codicil is consistent with the original document. Any contradictions can lead to confusion and potential legal disputes, so the codicil should explicitly state which parts of the original will are being changed or revoked.

One common mistake when amending a will is neglecting to inform relevant parties about the changes. While not legally required, informing your executor and beneficiaries about the amendments can prevent misunderstandings and ensure a smoother probate process. Keeping your estate planning documents organized and up-to-date is essential for avoiding these common issues.

Alternative Ways to Amend a Will in Texas

Amending a will with a codicil is not the only way to do it in the state of Texas. However, the way you amend a will can matter depending on the timeframe you have, or what you’re trying to change. Here are some alternative ways that might work for your situation:

Revocation and Creation of a New Will: If you have substantial changes to make, revoking your current will and drafting a new one might be the best approach. This ensures that all your wishes are clearly stated in a single document, reducing the risk of confusion or conflicting instructions. Remember to explicitly state that the new will revokes all previous wills.

Handwritten Changes: In Texas, you can make handwritten changes to your will, but they must be entirely in your handwriting and signed by you to be valid. While convenient, this method can lead to disputes if not done correctly, so it’s advisable to consult with a legal professional.

Trust Amendments: If your estate plan includes a simple or complex trust, you may need to amend the trust documents instead of the will. Trust amendments can be more flexible and may not require the same formalities. This option is particularly useful for managing complex assets or specific conditions for beneficiaries.

It’s important to talk to a legal expert about the best way to legally alter any estate planning document.

Bottom Line

Writing a codicil in Texas is a straightforward process that can ensure your estate planning reflects your current wishes without the need to draft a completely new will. You must make sure all legal requirements are met, just like drafting the original will, if you want it to reflect your current intentions and protect your legacy. Working with a financial advisor can be a helpful first step in navigating the process, too.

Tips for Estate Planning

A financial advisor can provide you with the necessary expertise to make sure you’re building the right long-term estate plan. Finding a financial advisor doesn’t have to be hard. SmartAsset’s free tool matches you with up to three vetted financial advisors who serve your area, and you can have a free introductory call with your advisor matches to decide which one you feel is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.
Before doing your own estate plan, consider the potential dangers of DIY estate planning.