How to Legally Update or Change a Will in Missouri Using a Codicil

Life changes rapidly. You might welcome a new grandchild, get a divorce, or simply change your mind about who should inherit your antique car. When you need to update your estate plan in cities like Columbia, Independence, or St. Charles, you do not always have to throw away your old documents. A codicil is a legal document that amends, rather than replaces, a Last Will and Testament. However, doing this incorrectly can destroy your entire estate plan. To ensure your updates are legally binding, you can easily connect with a skilled probate lawyer in our US Lawyers Directory.

What is a Codicil and How Does It Work in Missouri?

A codicil is essentially an addendum to your existing will. It refers back to the original document and clearly states which specific paragraphs or clauses are being changed, deleted, or added. When you pass away, the probate court will read the original will and the codicil together as one complete set of instructions. Under Missouri law, amending a will is a formal process. The court in Harvey v. Chouteau, 14 Mo. 587 (MO Supreme Court 1851) established that a codicil republishes the original will, meaning it reaffirms the old document as of the new date, subject to the new changes.

Witness Requirements for Executing a Codicil

The most dangerous trap people fall into is believing that a minor change does not require formal legal steps. In Missouri, a codicil must meet the exact same statutory requirements as an original will under Mo. Rev. Stat. § 474.320. You must sign the codicil in the physical presence of two competent witnesses, and those two witnesses must sign the document in your presence. If you simply type up a new page, sign it yourself, and staple it to the back of your will, a judge at the Greene County Circuit Court, Probate Division, Springfield or the Boone County Circuit Court, Probate Division, Columbia will declare the change invalid.

When to Use a Codicil vs. Tearing Up the Old Will

Codicils are best used for minor, surgical changes. For example, if you want to change the person you named as your executor, or if you want to add a $5,000 gift to a specific charity, a codicil is a perfect tool. However, if you are making massive structural changes-such as removing a primary beneficiary, completely altering how your assets are divided, or getting remarried-it is highly recommended to draft an entirely new will. Multiple codicils can confuse the probate process, making it difficult to read and increasing the likelihood of legal challenges from disgruntled family members.

Why Crossing Out Words on Your Original Will Invalidates It

A common and disastrous mistake is taking a pen and crossing out a name on an original will, or writing a new name in the margins. Under Mo. Rev. Stat. § 474.400, a will can only be revoked or altered by another written will, a formal codicil, or by physically destroying the document with the intent to revoke it. If you cross out a name or change a dollar amount with a pen, the probate court will typically ignore your handwritten scribbles and enforce the original typed text. If the scribbles are severe enough to obscure the text, the court might consider the entire will intentionally destroyed and revoked, leaving your family with nothing but default intestacy laws.

The Probate Process for a Codicil

When the time comes to administer the estate, your executor must present both the original will and the codicil to the probate court. They will typically submit Form 10070, Missouri, Circuit Court, Application for Letters Testamentary. If the codicil was executed properly and includes a self-proving affidavit, it will be admitted alongside the will smoothly. This underscores why proper legal execution is critical.

Frequently Asked Questions (FAQ)