What a Codicil Is
A codicil is a separate document that amends your existing will, changing, adding, or removing a specific provision, without rewriting the whole thing. It is the proper way to make a small update: swapping an executor, adding a beneficiary, adjusting a gift. The catch that trips people up is that a codicil must be signed with the exact same formalities as a will. An informal note does not count.
The Dangerous Shortcut: Writing on Your Will
This is the part to take seriously. Crossing out a line, writing in a new name, or initialing a change in the margin does not validly change a Florida will. Worse, it can be read as an attempt to revoke part or all of the will, leaving you with something you never intended, or with no valid will at all. If you want to change your will, never mark up the original. Do it with a properly executed codicil or a new will.
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Book a free 30-minute consult. We will tell you whether a codicil or a fresh will fits, and execute it correctly.
Book your free consultCodicil or a New Will?
For one small, clean change, a codicil is fine. For anything bigger, or if you already have a codicil or two, it is usually better to sign a new will that restates everything in one clean document. Stacking codicils on an old will breeds contradictions, which is exactly the ambiguity that fuels will contests. Since we draft from a template either way, a fresh will is often just as easy and far cleaner.
When Life Changes
Florida law handles some changes automatically: divorce voids the gifts in your will to a former spouse, and a new spouse or a child born after your will may gain rights by default. But these rules are blunt and miss most of what you would actually want. A marriage, divorce, birth, or death is the right moment to update your will properly, not to rely on the defaults. See what a Florida will covers →
Frequently Asked Questions
What Is a Codicil?
A codicil is a separate legal document that amends your existing will, changing, adding, or deleting a specific provision, without rewriting the whole thing. Think of it as an official addendum. It is the proper way to make a small update, like changing an executor, adding a beneficiary, or adjusting a gift, while leaving the rest of your will intact. The key is that a codicil has to be signed with the very same formalities as a will, or it does not count.
How Do I Make a Valid Codicil in Florida?
Exactly the way you make a valid will: in writing, signed by you at the end, and witnessed by two people who sign in your presence and each other’s. You should also make it self-proving with a notary, just like a will. A codicil that is not executed with these formalities is not effective, which means the change you wanted simply does not happen. This is why a quick handwritten note or an initialed change in the margin does not work in Florida.
Can I Just Handwrite Changes on My Will?
No, and this is the dangerous part. Crossing out a line, writing in a new name, or initialing a change in the margin does not validly amend a Florida will, and worse, it can be treated as an attempt to revoke part or all of the will, leaving you with something other than what you intended, or with no valid will at all. If you want to change your will, do it with a properly executed codicil or a new will, never by marking up the original.
Should I Use a Codicil or Just Make a New Will?
For one small, clean change, a codicil is fine. For anything more, or if you already have a codicil or two, it is usually better to sign a new will that restates everything in one clean document. Stacking multiple codicils on top of an old will creates confusion and contradictions, exactly the kind of ambiguity that fuels will contests. Because we draft from a template either way, a fresh will is often just as easy and far cleaner.
Does Divorce or Marriage Change My Will Automatically?
Partly. In Florida, divorce automatically voids the provisions in your will that favor your former spouse, as if they had died first. Marriage and new children can also create rights (a new spouse or a child born after the will may be entitled to a share). But these automatic rules are blunt and do not capture everything you would want, so a major life change is the right time to update your will properly, not to rely on the defaults.
How Much Does a Codicil Cost?
We prepare a codicil for a modest flat fee, quoted at the consult, and we will tell you honestly whether a codicil or a fresh will makes more sense for your change (often the new will is the better value). The 30-minute consult is free. Whatever you do, the most important thing is that the change is executed correctly, so it actually takes effect.
Common Situations
The marked-up will. A widow crossed out one child’s name and wrote in a grandchild. At her death, the changes were invalid and the edits cast doubt on the whole will, sparking a family fight a simple codicil would have avoided.
The clean update. A man wants to change his executor after a falling-out. One properly executed codicil does it, leaving the rest of his will untouched.
Sources of Law
- Fla. Stat. §732.502(5) (a codicil must be executed with the same formalities as a will); §732.503 (self-proving). Revocation by act or writing: §732.505-.506; divorce: §732.507. No-contest clauses are unenforceable in Florida (§732.517). (retrieved 2026-06-08)
Updated on June 8, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. General information about Florida law, not legal advice, and no attorney-client relationship is created. Whether to use a codicil or a new will depends on your situation. Do not send confidential information until we have agreed to represent you.