My father added a codicil to his will — does it need the same formalities as the will itself?

What a codicil actually is

Article 825 defines it as supplement or addition to a will, made after the execution of a will and annexed to be taken as a part thereof, by which disposition made in the original will is explained, added to, or altered. Three things follow from that sentence. It comes after the will, so a page written at the same sitting is part of the will itself rather than a codicil. It is annexed to be read as part of the will, not as a rival document. And its function may be as modest as explaining an existing disposition or as substantial as altering one.

No lighter standard for the supplement

Article 826 answers the question in a single line: in order that a codicil may be effective, it shall be executed as in the case of a will. There is no reduced formality for a short addition, no exception for a change the family regards as obvious, and no allowance for the fact that the original will was properly executed. The reasoning is plain enough — a codicil can redirect property just as effectively as a will can, so the safeguards that protect a testator when he makes a will have to protect him when he changes one.

What this rules out

Most attempted codicils fail because they were never executed as wills at all. A signed letter to the family explaining a change of mind is not a codicil. Neither is a note added to the foot of the will, a typed page inserted into the folder, an instruction given to a lawyer that was never formalised, nor a marginal annotation on the original — a change written on the face of a handwritten will is governed by the rule on alterations instead, and carries its own signature requirement. The document has to stand on its own as a validly executed instrument.

How to test the document you are holding

Start with the date, because a codicil is by definition later than the will and the sequence decides which document governs where they conflict. Then look at execution: how it was signed, by whom, and in whose presence, judged by the same requirements the original will had to satisfy. Keep the will and the codicil physically together with any envelopes and covering notes, and have both assessed as a set. A codicil that fails does not usually harm the will; it simply leaves the original dispositions in force, which may be the opposite of what the testator wanted.

Related provisions

• Civil Code, Article 825 — Codicil Defined
• Civil Code, Article 826 — A Codicil Needs a Will's Formalities