You know what you want to change in your will. The question is whether to add a codicil or sign a new will. In Virginia, either can be an option, but a small change on the page can affect much more of your plan.
A codicil is a separate document that changes an existing will. A replacement will brings your current instructions into one document. The useful starting point is the scope of the change, the condition of your existing documents, and how clearly the finished plan will read.
When might a codicil fit—and when is a new will clearer?
A codicil may fit a limited change when the rest of the will still works. A new will is often easier to follow when several provisions need attention or earlier amendments have left a trail of documents to compare. These are planning judgments, not a rule that one change requires a codicil and two require a new will.
A new will is also worth discussing when the old one is difficult to read, contains several codicils, or comes from a much earlier stage of your life. That does not mean an older will automatically expires. It means its continued fit deserves a careful look.
The Virginia State Bar’s guide to wills recognizes both approaches and notes that preparing an entirely new will can be just as practical as amending the old one. Page count alone is a poor way to choose.
Look beyond the sentence you want to change
Suppose you want to change the person receiving a particular gift. Before settling on the document, work through a few connected questions:
- What happens if that person dies before you? Check the backup instructions along with the first choice.
- Does the change affect the rest of the inheritance? Consider the relationship between that gift and whatever remains after other gifts, expenses, and obligations.
- Should the recipient receive it outright? A gift for a child or someone who needs help managing money may call for a different structure.
- Is the property addressed somewhere else? Bring any relevant trust, deed, or beneficiary record into the conversation.
This is why “just change one name” is a starting instruction, not the full analysis. The answer may still be a short amendment. The review establishes what that amendment needs to accomplish.
A codicil still needs proper signing
A codicil is subject to Virginia’s will-execution rules. For an ordinary typed codicil, you must sign it—or acknowledge it—in the presence of at least two competent witnesses who are together at the same time. The witnesses must sign in your presence. Having a notary stamp your signature does not replace those witnesses.
Virginia’s signing requirements distinguish this process from a document written entirely in your own handwriting. A handwritten change to a typed will is not automatically a valid handwritten codicil. For more on execution, see our guide to making a valid Virginia will.
The ability to make the change also matters. Both a codicil and a new will require the necessary legal capacity. If there are concerns about the person’s understanding or pressure from someone else, raise them with the attorney before arranging signatures.
Leave the signed original intact while you plan
Write your proposed changes on a separate sheet or a clearly marked copy for discussion. Avoid crossing out names, removing pages, or adding new instructions to the signed original.
Under Virginia’s revocation rules, physical changes made with the intent to revoke can cancel a will or a provision. That does not mean a new sentence written beside the crossed-out words will take effect. Virginia has a limited court process for some defective writings, but relying on it can leave your family with a dispute to resolve after your death.
If you have already marked up a will, keep every page and explain exactly what happened. Do not try to tidy it up before the review. And do not destroy an existing will while a replacement is still being prepared; ask your attorney how to handle prior originals and copies once the new document is properly signed.
Bring the full paper trail to the review
You do not need to choose the legal document before asking for help. Start with the result you want, then gather:
- The current will and every codicil you can find. Include signing and self-proving pages, and say whether you have the originals or copies.
- A short list of what should change and what should stay. Names, relationships, and backup choices are more useful than a homemade replacement paragraph.
- Related planning records. Include a trust and its amendments, relevant property records, and current beneficiary confirmations.
- The reason for the update. Explain changes in family, finances, health, or the willingness of someone named to serve.
If the change involves an account or insurance policy, our beneficiary designation and will guide can help you identify the records to bring. Those records deserve their own review alongside the will.
Make the update fit the plan you want now
Prior Law’s estate planning services include reviewing and updating wills. Start with a free initial phone call to discuss your needs. Substantive review of an existing plan takes place as part of a paid initial design meeting, with in-home meetings by appointment.
General information about Virginia estate planning, not legal advice for a particular person or document.
