Codicil: What is a codicil and what is it for?

By means of a codicil, a person can add something to their will or partially modify it without canceling it and having to make a new will. The aim is to add or modify something in the existing will, keeping it in its entirety. Imagine we have a will made and we wish to put a condition on the delivery of certain assets in a legacy, such as having to keep the assets indivisible for a certain period of years in order to preserve the family heritage. We can do this by means of a codicil, which would be a document that we must grant just as if it were a will, that is, we can do it open before a Notary, closed by means of a sealed envelope delivered to the Notary, and also holographic, as described in another previous article “Types of wills.” In this way, we won’t have to modify the will that was already made.

However, through the codicil, we cannot name an heir (in which case we would have to make a new will) nor name a universal executor. Nor can substitutions or conditions be ordered for the heirs. The codicil can be interesting, for example, to name a beneficiary of a life insurance policy. As lawyers advising on wills, we have recommended it in some cases of life insurance beneficiaries when a modification is needed or a new beneficiary is created after a divorce, for example. As a general rule, we do not recommend the codicil; it is always better to make a new will if the economic and/or personal situation of the family members changes.

The drawback of the codicil is that we duplicate the documents that govern the succession. With a single document (the will), we can lay out the entire inheritance design. If there is a codicil, there will be two documents, the codicil and the will, which will need to be put on the table when opening the succession, and as lawyers, the aim is to simplify these already complex procedures as much as possible, so it is always better to have only a will.

As lawyers, we help you make the will, plan the entire inheritance, looking out for your interests to avoid unnecessary costs and to avoid high taxes by fiscally planning the succession. We provide advice on the inheritance from start to finish, accompanying the heirs. Inheritance lawyers, succession law in Altafulla, Tarragona, and Barcelona.