A codicil is a separate legal document that amends or modifies an existing will without replacing the entire will. It’s a way to make changes — add a beneficiary, remove a beneficiary, change the executor, update specific bequests, or correct mistakes — while keeping the rest of the original will intact. Codicils have been part of common-law and civil-law estate planning for centuries, but Louisiana’s civil code has its own specific rules about how they must be executed.
This guide explains what a codicil is, when to use one (and when to write a whole new will instead), how to draft a valid Louisiana codicil, and the common mistakes that invalidate codicils.
Need to update your Louisiana will? Scott Law Group drafts codicils and updated wills statewide. For most changes, a fresh notarial will is cleaner than a codicil — we’ll advise on which is right for your situation.
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What does “codicil” mean?
The word “codicil” comes from the Latin codicillus, meaning “little code” or “short writing.” In modern Louisiana estate law, a codicil is simply an amendment to a will. It’s a separate document that:
- References an existing will
- Modifies, adds to, or revokes part of that will
- Leaves the unmodified parts of the original will in force
A codicil is NOT a new will. The original will remains the primary document; the codicil supplements or alters it. When the testator dies, the court reads the will AND any codicils together to determine the testator’s wishes.
What can a codicil do?
Common reasons people use codicils:
- Add or remove a beneficiary. Add a new grandchild, remove a deceased one, include a charity.
- Change a specific bequest. Update the dollar amount left to a particular person, change which property goes to whom.
- Change the executor or guardian. Replace a named executor who’s no longer available or appropriate.
- Update or correct factual details. Change addresses, married names, or other identifying details.
- Add specific personal property bequests. Leave a particular ring, a vehicle, a piece of art to a specific person.
- Revoke specific provisions. Cancel a bequest without rewriting the whole will.
For many of these changes, however, drafting a new will is cleaner than a codicil. We’ll address when each approach makes sense below.
Louisiana codicil execution requirements
A codicil must be executed with the same formalities as a Louisiana will. Specifically:
If you want a notarial codicil
It must comply with La. C.C. art. 1577 — the same formalities as a notarial will:
- Written (typed or computer-printed; not handwritten)
- Signed by the testator on every page and at the end
- Signed in the presence of a Louisiana notary and two competent witnesses
- The notary and witnesses sign an attestation clause confirming the testator declared this was their amendment to their will
- Witnesses must be 16+, sane, and not blind/deaf/unable to sign
- Witnesses should NOT be beneficiaries (creates La. C.C. art. 1582 complications)
If you want an olographic codicil
It must comply with La. C.C. art. 1575 — the same formalities as an olographic will:
- Written ENTIRELY in the testator’s own handwriting
- Dated in the testator’s own hand
- Signed by the testator at the end
An olographic codicil doesn’t require witnesses at signing, but like an olographic will, it requires court authentication after death (two witnesses must identify the handwriting).
When to use a codicil vs. write a new will
This is one of the most common questions clients ask. The honest answer for most Louisiana estate plans: write a new will rather than using a codicil.
Use a codicil when:
- The change is small and self-contained (e.g., changing just the executor)
- The original will is otherwise still exactly what you want
- The codicil clearly identifies what’s being changed without creating ambiguity
- Cost matters and the change is too minor to justify a new will
Write a new will instead when:
- You’re making multiple changes — multiple codicils get confusing fast
- You want to substantively restructure your bequests
- You’ve had a major life event (marriage, divorce, child, death of a beneficiary)
- You want to update for current law (Louisiana’s forced heirship and community property rules evolve)
- You want one clean document instead of multiple documents that have to be read together
- You’d like to take the opportunity to revisit other estate plan elements
At Scott Law Group, we usually recommend a new notarial will over a codicil for most substantive changes. The cost difference is small ($500–$1,500 for a new will vs $300–$800 for a codicil), and a single clean document is much easier to administer than a will plus three codicils across 20 years.
How to write a codicil to a Louisiana will
Whether drafted by an attorney or (for olographic codicils) by the testator, a Louisiana codicil should:
1. Clearly identify itself as a codicil
Title or open with something like: “Codicil to the Last Will and Testament of [Name], dated [original will date].”
2. Reference the original will specifically
Identify the original will by date and (if possible) other identifying details. This avoids confusion about which will is being amended.
3. State the specific changes
Identify what you’re changing and how. For example: “I revoke Article III of my will dated [date] and replace it with the following: …” Or: “I add the following bequest to my will: …”
4. Confirm the rest of the will remains in effect
Include language like: “Except as modified by this codicil, my will dated [date] remains in full force and effect.”
5. Execute with proper formalities
Sign and execute the codicil with the same formalities as a will — either notarial (with notary + 2 witnesses + attestation) or olographic (entirely handwritten + dated + signed).
6. Store with the original will
Keep the codicil with the original will so the executor finds them together. A codicil that gets separated from the will it amends frequently creates confusion later.
Cost of a Louisiana codicil
| Type | Typical cost |
|---|---|
| Olographic codicil (DIY, handwritten) | $0 — but requires court authentication after death |
| Attorney-drafted notarial codicil (simple) | $300–$800 |
| Attorney-drafted notarial codicil (complex) | $800–$1,500+ |
| New notarial will (often the better option) | $500–$1,500 |
As shown above, for most changes the cost difference between a codicil and a new will is modest — and a new will is usually cleaner.
Common codicil mistakes
Failing to execute with proper formalities
The most common mistake. A codicil must be executed with the same formalities as a will. A “codicil” that’s just a handwritten note signed by the testator (but not dated, not entirely in their handwriting) is generally invalid. A typed codicil without proper notarization is invalid.
Contradicting the original will without clear revocation
If a codicil leaves a piece of property to Person A but the original will leaves the same property to Person B, both documents can’t be right. Courts try to harmonize them, but ambiguity creates litigation. A codicil should clearly identify what it’s replacing and what it’s adding.
Multiple codicils that become a mess
A will plus three codicils over twenty years — some of which partially revoke or modify each other — is a nightmare for executors. Each new codicil should ideally revoke or supersede any conflicting prior codicils. Many testators in this situation are better off just executing a new will that consolidates everything.
Codicil affects forced heirship without addressing it
A codicil that changes a child’s share or treats a forced heir differently must still comply with Louisiana’s forced heirship rules. Trying to use a codicil to disinherit a forced heir without statutory grounds doesn’t work.
Not coordinating with community property
A codicil can only dispose of the testator’s share of community property — not the surviving spouse’s half. A codicil that tries to give away “the family home” without recognizing community property limits creates problems.
Losing the codicil
A codicil that gets separated from the will it amends — or is destroyed by accident — can’t be administered. Always store codicils with the original will.
Witnesses who are beneficiaries
Under La. C.C. art. 1582, a witness who is a beneficiary forfeits the bequest. Same rule applies to codicils. Always use witnesses who aren’t beneficiaries.
Revoking a codicil
A codicil can be revoked by:
- A subsequent codicil that revokes it
- A new will that revokes all prior wills and codicils
- Physical destruction by the testator (tearing, burning, etc.) with intent to revoke
- Reconciliation (in the context of disinheritance) restoring the original disposition
Revoking a codicil revives the original will’s provisions that the codicil had modified (in most cases).
Codicil vs. will revocation vs. new will
| Codicil | New Will | Express Revocation | |
|---|---|---|---|
| Effect on original will | Modifies specific parts | Replaces it entirely | Cancels it |
| What remains in effect | Unmodified parts of original | Only the new will | Nothing — you’d be intestate |
| Best for | Small, isolated changes | Substantial restructuring | Reverting to intestate succession (rare) |
| Cost | $300–$800 | $500–$1,500 | Free (tear up the will) but risky |
| Risk of confusion later | Higher | Lower | Higher (no will means intestacy applies) |
Frequently asked questions
What is a codicil to a will?
A codicil is a separate legal document that amends or modifies an existing will. It changes specific parts of the will while leaving the rest intact. The will and codicil are read together at the testator’s death to determine final wishes.
What is a codicil in Louisiana?
The same thing — a separate document amending a Louisiana will. Louisiana codicils must be executed with the same formalities as a Louisiana will: either notarial (signed in front of a notary and two witnesses) or olographic (entirely handwritten, dated, and signed by the testator).
How do you write a codicil to a will?
Clearly identify the document as a codicil to a specific original will (by date), state the specific changes, confirm the rest of the will remains in effect, and execute with the same formalities as a will. For most Louisianans, an attorney-drafted notarial codicil is the safer option — an olographic codicil is valid if entirely handwritten, dated, and signed, but requires court authentication after death.
How much does a codicil cost?
An attorney-drafted notarial codicil typically costs $300–$800 for simple changes, $800–$1,500 for more complex ones. An olographic (handwritten) codicil costs nothing to write but adds complexity to the succession.
Do I need a lawyer to write a codicil?
Not legally required — you can write an olographic codicil yourself if you handwrite the entire thing, date it, and sign it. But codicil mistakes invalidate the document and create litigation, and Louisiana’s formalities are strict. For most testators, an attorney-drafted notarial codicil is the safer option.
Can a codicil revoke a will?
A codicil can revoke specific provisions of a will. To revoke the entire will, you’d typically execute a new will (which expressly revokes prior wills) rather than a codicil.
What’s the difference between a codicil and a new will?
A codicil modifies specific parts of an existing will. A new will replaces the entire prior will. For substantial changes or multiple modifications, a new will is generally cleaner than multiple codicils.
Can a codicil be handwritten in Louisiana?
Yes — this is called an olographic codicil. It must be entirely in the testator’s handwriting, dated, and signed. No witnesses required at signing, but court authentication is required after death (two witnesses must identify the handwriting). An olographic codicil is valid but creates extra steps in administration.
Can a codicil be revoked?
Yes — by a subsequent codicil that revokes it, by a new will that revokes all prior wills and codicils, or by physical destruction with intent to revoke. Revoking a codicil generally revives the original will’s provisions that the codicil had modified.
How many codicils can a will have?
Legally, no limit. Practically, after one or two codicils, you should consider drafting a new will instead. Multiple codicils over time create administration complexity and risk inconsistencies between documents.
Where should I store my codicil?
With the original will it amends. Store both documents together in a fireproof home safe or with your attorney. Don’t separate them. The executor needs to find them together to properly administer the estate.
What happens if a codicil contradicts the original will?
The court tries to harmonize them. Where harmonization isn’t possible, the later document (the codicil) generally prevails over the earlier (the will). But ambiguity creates litigation, which is why clear identification of what’s being changed is essential.
Does a codicil need to be notarized?
A notarial codicil requires notarization — signed in front of a notary and two witnesses. An olographic codicil does NOT need to be notarized at signing; it just needs to be entirely handwritten, dated, and signed by the testator (and later authenticated by the court).
Can I write my own codicil without a lawyer?
You can write an olographic codicil yourself — handwritten, dated, and signed. But codicil drafting mistakes invalidate the document and create litigation. For most testators, an attorney-drafted codicil is the safer option.
What’s a codicil to last will and testament?
The same thing as a codicil to a will — just spelled out with the formal name. A “codicil to last will and testament” is a document that amends or modifies an existing last will and testament.
Want to update your Louisiana will? Contact Scott Law Group — Estate Counsel or call (504) 264-1057. We’ll evaluate whether a codicil or a new will makes more sense for your situation — for most changes, a fresh notarial will is the cleaner option.
This article provides general information about Louisiana codicils and wills and is not legal advice. Specific situations should be reviewed with a qualified Louisiana attorney.