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A codicil is a formal amendment to a will which has already been developed to completion, meaning that the will was fully enforceable and satisfied all legal requirements prior to the amendment. Codicils are typically used to make relatively minor corrections, as major corrections are usually better suited to an entirely new will. Drafting codicils requires a high level of attention to detail, as well firm understanding of the underlying legal principles.
Many, if not most, of the legal principles which govern the enforceability of codicils in Maryland are compatible with basic common sense. Or, at least, it is reasonable to say that these principles are more or less “intuitive,” and follow logically given the typical scenarios involved. Codicils must be unambiguous with respect to which specific items are being changed, and also unambiguous with respect to what the new items will be to replace them. Testators should be aware that any level of ambiguity always raises the possibility of a potential legal challenge; as a general matter, you should follow the same processes (i.e. enforce the same rules, standards, etc.) which led to the initial development of the items being replaced. Clearly identify the items being replaced by using language which is adequately specific (i.e. identify which beneficiary, which assets, which personal representatives, etc.), and clearly identify the changes.
Here is a sample of what a codicil might read like. Readers need to of course be mindful of the fact that this language is being used merely to give a rough sense of how these instruments look. There is no need to have any worry about codicils, as they are simple enough to achieve with the proper expertise. The trickiest part of the equation is finding a skilled estate planning attorney to help navigate through the entire process.
CODICIL TO THE LAST WILL & TESTAMENT OF “ANONYMOUS MARYLANDER”
This codicil is intended to replace a certain item from The Last Will & Testament of Anonymous Marylander, dated XX/XX/XXXX. This change fully reflects the wishes of Anonymous Marylander.
The following item will be replaced:
The current beneficiary of the contents of the testator’s safety deposit box, identified as Anon1 Marylander under section 2 (“SPECIFIC BEQUESTS”), subsection B (“PERSONAL PROPERTY”), subsubsection ii (“INTANGIBLE PERSONAL PROPERTY”), item number 3 (“SAFETY DEPOSIT BOX”), is formally removed as beneficiary of this asset.
The following replacement is hereby made:
The new beneficiary to replace Anon1 Marylander is Anon2 Marylander, DOB XX/XX/XXXX, current address 305 Prince George’s Street, Annapolis, MD 23456, phone number 345-678-9012. Anon2 Marylander will be the recipient of all contents within the safety deposit box referenced under Section 2(B)(ii)(3).
[Witness Signatures]
[Witness Signatures]
[Testator Signature(s)]
[Attorney Signature(s)]
DATED March XX, 2026
Expert Guidance is Critical for Drafting Enforceable Codicils
Of course, the particulars of each individual codicil will vary, as each codicil spells out the instructions for its own unique scenario. No matter what the circumstances of your situation might be, it is always advisable to procure qualified counsel when drafting one of these documents. Crafting good language is not an easy task, and the amount of technical information which must be mastered is vast; in these situations, having a capable guide is extremely valuable, because this way the worst possible outcomes (such as writing an invalid or unenforceable codicil) are usually avoided.
Contact the Murphy Law Firm for Additional Information
Readers who would like additional resources specifically on drafting enforceable codicils under current Maryland law, drafting wills, establishing trust accounts, or any other pertinent estate planning matter, contact one of the estate planning attorneys at the Murphy Law Firm today by calling 240-219-1187.
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