Using a Codicil to Amend a Louisiana Will

Understanding Codicils

A codicil is a special, written document that amends a will. Codicils typically explain, modify, or revoke a previous will provision.

Uses of a Louisiana Codicil

• Name a new beneficiary
• Designate a new guardian for a minor child
• Remove an heir from the will
• Explain a disinheritance decision

While a codicil can be used to alter a last will and testament in any number of ways, estate planning attorneys usually recommend that it only be used for minor modifications. If a codicil is used to overhaul a will in its entirety, it is often easier to simply re-write the will than to ensure that the codicil does obfuscate the testator’s intent.

What Makes a Louisiana Codicil Valid? 

• The testator must be at least 18 years of age.
• The testator must be of sound mind and free from undue influence.  
• The codicil must be in a valid form recognized for testaments.
• Typically, scratch-throughs and notes added to a will after it is executed are not valid to change a will and are not legally enforceable.

How to Execute a Valid Codicil in Louisiana

Knowing what a codicil is matters less than knowing how to execute one correctly. A defective codicil can fail entirely — leaving the original will unchanged — or create contradictions that require a court to resolve. When a codicil fails, the estate distributes according to the original will or, if no valid will remains, under Louisiana’s intestate succession rules. Here is the proper process:

• Step 1 — Draft the codicil clearly. The document should identify: (a) the date of the original will it amends; (b) the exact provisions being changed, added, or revoked; and (c) the date of the codicil itself. Ambiguity in a codicil often becomes the basis for a legal challenge.
• Step 2 — Sign before a notary and two witnesses simultaneously. All parties must be present at the same time: the testator (will-maker), the notary, and two competent witnesses. The testator must sign or acknowledge the codicil in the notary’s and witnesses’ presence. This is identical to the formality required for a notarial testament.
• Step 3 — Sign each page. Louisiana requires the testator to sign the bottom of each page of a notarial testament — the same rule applies to a codicil with multiple pages.
• Step 4 — Store the codicil with the original will. A codicil does not need to be filed with any court or registry while you are alive. Keep it physically attached to or immediately alongside the original will so they are found together after your death.
• Step 5 — Probate them together. At death, the codicil is presented to the court together with the original will. Both are read and interpreted together; the codicil’s amendments control over the original will’s conflicting provisions.

Does a Louisiana Codicil Need to Be Notarized?

Yes — if the original will is a notarial testament, the codicil must also be executed with the same formalities: notary plus two witnesses, all simultaneously present.

This surprises some people who assume that a handwritten note attached to their will is sufficient to change it. It is not. A handwritten note — even if signed and dated — does not constitute a valid codicil to a notarial testament in Louisiana. Courts have consistently held that a codicil must be executed with the same formality as the type of testament it amends.

Can a codicil be olographic (handwritten)? Technically yes, if the original will was itself an olographic testament. An olographic codicil must be entirely handwritten, dated, and signed by the testator — the same requirements as an olographic will. However, attaching a handwritten codicil to a formal notarial testament creates a formality mismatch that can complicate probate and invite challenges. The safest practice is always to use the same or higher formality as the original will.

Codicil vs. Rewriting Your Will: Which Makes More Sense?

A codicil is an amendment — it changes parts of an existing will while leaving the rest intact. A new will revokes the old one entirely and starts fresh. Choosing between them depends on the scope of the change you need to make.

When a codicil makes sense:

• Changing a single beneficiary without affecting the rest of the distribution plan
• Updating the name of your executor or substitute executor
• Naming or changing the guardian for a minor child
• Adding a specific bequest you forgot (leaving a piece of property or money to a specific person)
• Revoking one specific provision of the will

When rewriting the will is the better choice:

• Major life change: marriage, divorce, death of a spouse, second family
• Multiple changes throughout the will (multiple codicils are confusing and invite interpretation disputes)
• The estate plan has evolved significantly and the original will no longer reflects your intent
• You want to add trust provisions or forced heirship planning that requires restructuring
• You can’t locate the original will to attach the codicil to

A practical rule of thumb: if you’re making more than two or three targeted changes, or if the changes affect the fundamental structure of your estate plan, a new will is usually cleaner and less prone to challenge than a patched original with multiple amendments. The cost of redrafting a will is typically modest compared to the cost of litigation over an ambiguous codicil.

If you have already submitted or filed a copy of your will with your parish probate court, you should also file a copy of your codicil in the same court. Keep a copy of the codicil alongside your will. 

Can Codicils Be Challenged?

It’s possible for a codicil to be challenged just as a will might be challenged and for many of the same reasons.

Common Reasons for Challenging a Louisiana Codicil

• The testator was under undue influence. The person writing the will and codicil cannot be pressured or influenced by a third-party into making any specific inheritance decisions. If a creditor, beneficiary, or other interested person believes that the testator was coerced into including a provision or disinheriting an heir, they could challenge the codicil on grounds of undue influence.
• The will was not executed in accordance with state law. If one of Louisiana’s formal requirements for creating a will and codicil was not fulfilled, the codicil could be challenged. However codicil challenges often have unintended consequences. While they could lead the court to simply dismiss the codicil, they can also lead to the will being scrutinized and cast aside. If the will is discounted in its entirety, the estate could be forced into intestate proceedings.
• The testator was mentally incapacitated. Louisiana law presumes that most adults have the mental capacity to create and amend a will. However, if an interested party furnishes compelling evidence that the testator was not of sound mind when they wrote the codicil, the court could be persuaded to strike the specified amendments.

Even bad-faith challenges to a codicil could be costly. If the petitioner does not prevail in court, the personal representative may have to use the estate’s resources to defend the codicil. Since probate litigation can be costly and time-consuming, a codicil challenge could drain an estate’s resources before beneficiaries ever receive their inheritances.

Contact a Louisiana Succession Attorney

A codicil is not always the best way to update an estate plan. Since codicils can be easily challenged, you should always have an experienced Louisiana estate planning attorney review your revisions before you execute your codicil. Please send Scott Law Group – Estate Counsel a message online, or call us at 504-264-1057 to schedule your consultation.