A codicil is a legal document that amends an existing will without requiring a complete rewrite of the original document. Under Utah Code Section 75-2-604, a codicil must be executed with the same formalities as a will, including being in writing, signed by the testator, and signed by two witnesses. The codicil must refer to the original will and specify which provisions are being changed.
Last updated: July 2026
Key Takeaways
- A codicil must meet the same formal execution requirements as a will under Section 75-2-502.
- Minor changes like updating executor or bequest amounts are appropriate for a codicil.
- Major changes, such as completely restructuring the estate plan, warrant a new will.
- Multiple codicils can create confusion and increase the risk of probate disputes.
- A new will that expressly revokes all prior wills and codicils is often simpler and safer.
Life changes after a will is signed. Beneficiaries pass away, new children are born, marriages and divorces occur, assets grow or shrink, and executors become unavailable. Utah law provides two ways to update an existing will: executing a codicil that amends specific provisions or executing a new will that replaces the old one entirely. The choice between these options depends on the scope of the changes and the testator’s circumstances.
Codicils are most useful for simple, targeted updates such as changing the executor, updating a specific bequest amount, or adding or removing a single beneficiary. For complex changes involving multiple provisions, a new will is almost always the better choice. A new will ensures all provisions are consistent, eliminates the risk of conflicting codicils, and provides a clean document for the probate court to interpret.
What are the formal requirements for a codicil under Utah Code Section 75-2-604?
Under Section 75-2-604, a codicil must be executed with the same formalities required for a will: it must be in writing, signed by the testator, and signed by two witnesses who are present at the same time. The testator must have testamentary capacity at the time of execution. A self-proving affidavit can be attached to the codicil to simplify probate, just as with a will.
The codicil must specifically identify the will it amends by date and reference. It must clearly state which provisions are being changed and what the new provisions are. A codicil that says I hereby amend my will to leave my car to my niece Sarah is sufficient if the will previously left the car to someone else or made no provision for the car. The codicil becomes part of the will for probate purposes and is interpreted together with the original will.
When should I use a codicil instead of a new will in Utah?
A codicil is appropriate for simple changes that do not affect the overall structure of the estate plan. Examples include changing the named executor when the original executor has moved, died, or declined to serve; adding or removing a specific bequest when the original beneficiary has predeceased the testator; updating dollar amounts to account for inflation; or changing the alternate beneficiaries named in the will.
A new will is better when multiple provisions need to change, when the testator’s family structure has changed significantly, when the testator moves to a different state with different laws, or when the testator wants to change the distribution scheme entirely. A new will also provides an opportunity to add a current self-proving affidavit, which simplifies probate. The cost of a new will is usually comparable to the cost of a codicil, making it the practical choice for anything beyond the simplest change.
Can a codicil be handwritten in Utah?
Yes. A codicil can be a holographic codicil if it meets the requirements of Section 75-2-503, meaning the signature and material provisions are in the testator’s handwriting. A handwritten codicil that says I am adding my grandson Tom as a beneficiary of my will dated January 15, 2020, to receive $5,000 is valid if entirely handwritten and signed by the testator.
However, holographic codicils carry the same risks as holographic wills. They are more easily contested, more likely to contain ambiguities, and harder to prove in probate court than formally executed codicils. A handwritten codicil that conflicts with the typed will can create significant interpretive problems for the probate court. The safest approach is to execute a formal codicil with witnesses or a new will.
Under Utah Code Section 75-2-604, a codicil must be executed with the same formalities as a will: in writing, signed by the testator, and signed by two witnesses.
Can a codicil unintentionally revoke part of a will in Utah?
Yes. If a codicil contains inconsistent provisions that conflict with the original will, the codicil controls to the extent of the inconsistency. This is called revocation by inconsistency. If the codicil says I leave my house to my daughter and the will says I leave my house to my son, the codicil controls on that specific asset. The rest of the will remains in effect.
The risk is that a poorly drafted codicil may create unintended inconsistencies. A codicil that changes one bequest may inadvertently affect other provisions through the will’s interaction clauses. For example, changing a specific bequest may affect the residuary clause if the will uses formulaic language. This is why codicils should be drafted by an attorney who understands how the codicil interacts with every provision of the original will.
Can a codicil be revoked in Utah?
Yes. A codicil can be revoked by executing a subsequent codicil that expressly revokes the earlier codicil, by executing a new will that revokes all prior wills and codicils, or by physically destroying the codicil with the intent to revoke it. Revoking a codicil usually reinstates the original will’s provisions unless the testator’s intent is otherwise.
When a codicil is revoked, the original will stands as if the codicil had never been executed. However, if the codicil was revoked by a subsequent codicil that also changed other provisions, the interaction can become complex. Multiple layers of revocation and amendment create interpretive challenges in probate. This is another reason why a new will is often simpler than trying to manage multiple codicils over time.
| Situation | Recommended Action | Reason |
|---|---|---|
| Change executor | Codicil | Simple, targeted change |
| Add or remove a single bequest | Codicil | Does not affect overall plan |
| Change all beneficiaries | New will | Fundamental plan change |
| Blended family remarriage | New will | Significant relationship change |
| Move to another state | New will | Different state law requirements |
| Multiple codicils already exist | New will | Avoid cumulative confusion |
Frequently Asked Questions
Does a codicil need to be notarized in Utah?
Notarization is not required for a valid codicil, but a self-proving affidavit on the codicil, which must be notarized, simplifies probate by eliminating the need for witness testimony.
Can I use a codicil to change a trust in Utah?
No. A codicil amends a will, not a trust. Trust amendments are governed by the terms of the trust and the Utah Uniform Trust Code. A separate trust amendment document is required.
How many codicils can a will have in Utah?
There is no legal limit on the number of codicils a will can have. However, each additional codicil increases the complexity of probate and the risk of inconsistency.
Do all witnesses need to be present when I sign a codicil in Utah?
Yes. The same rules apply as for a will. Both witnesses must be present at the same time when the testator signs the codicil, and each witness must sign in the testator’s presence.
Can a codicil change the guardian named in the will in Utah?
Yes. A codicil can change the nomination of a guardian for minor children. The codicil must clearly state the new guardian’s name and that the previous guardian nomination is revoked.
Does a codicil need to be stored with the original will in Utah?
Yes. The codicil should be stored with the original will so that both documents are available for probate. If the codicil is lost, it may be presumed revoked.
Can a codicil be challenged on the same grounds as a will in Utah?
Yes. A codicil can be contested on the same grounds as a will, including lack of capacity, undue influence, fraud, and improper execution. A contest of the codicil does not necessarily invalidate the entire will.
What is the cost of preparing a codicil versus a new will in Utah?
The cost of a codicil is typically lower than a new will, but not dramatically so. Many Utah estate planning attorneys charge a flat fee that is comparable for either option. A new will is often a better value given the increased clarity and reduced risk.
Should I use a codicil or a new will in Utah?
The decision between a codicil and a new will depends on the scope of the changes you need to make. For simple, isolated changes like updating an executor or changing a specific dollar amount, a codicil is appropriate. For any change that affects the overall structure of your estate plan, a new will that revokes all prior wills and codicils is the safer, clearer choice.
Consulting with a Utah estate planning attorney ensures that whichever option you choose is properly executed and will be enforceable in probate court. The attorney can also assess whether the changes you want to make might be better accomplished through a trust amendment or other estate planning tools.
Planning your estate in Utah? Jeremy D. Eveland, MBA, JD, can help you create a comprehensive estate plan that protects your legacy and your loved ones.
Call (801) 613-1472 or visit jeremyeveland.com to schedule a consultation today.
This article is for informational purposes only and does not constitute legal advice. Consult with a qualified Utah estate planning attorney for advice specific to your situation.
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