Circumstances change after a will is signed — a new grandchild is born, an asset is sold, the testator wants to revoke a single bequest. A codicil is the instrument that makes those targeted changes without rewriting the entire will. But a codicil is not a casual amendment: under Philippine law it must be executed with the very same formalities as a will, including three witnesses and a notarial acknowledgment. This guide explains what a codicil is, when to use one, and the legal requirements it must meet to be valid.
What Is a Codicil?
A codicil is a supplement to or amendment of a will, made after the will's execution, by which the testator adds to, alters, or revokes specific provisions. Article 825 of the Civil Code defines it as an instrument annexed to a will, to be taken as a part of the will, by which a disposition made in the will is explained, added to, or altered. The codicil identifies the original will it modifies and, typically, ratifies and republishes the unchanged portions.
Because a codicil disposes of property just as a will does, the law treats it with the same seriousness: it must observe the formalities of a will. A codicil used for limited changes keeps the original will alive; for sweeping changes, a new will is usually the better choice.
When Do You Need a Codicil?
- Adding a bequest — for example, providing for a new grandchild or a charity.
- Revoking a single legacy or devise — when a particular gift is no longer intended or the property has been disposed of.
- Changing the executor — naming a different executor or alternate.
- Minor corrections or clarifications — where a full new will would be unnecessary.
Legal Basis
- Civil Code Article 825 — Defines a codicil as a supplement or addition to a will, annexed to and taken as part of the will, explaining, adding to, or altering a disposition.
- Article 826 — Requires that a codicil be executed with the same formalities as a will. A notarial codicil therefore needs three credible instrumental witnesses, marginal and end signatures, an attestation clause, and a notarial acknowledgment.
- Articles 804–806 — Supply those formalities (writing in a known language; signing at the end and on each margin; three attesting witnesses; acknowledgment before a notary).
- Article 836 (republication) — The execution of a codicil referring to a previous will republishes the will as modified by the codicil.
- Articles 797–803 and 820 — Testamentary capacity of the testator and the qualifications of the witnesses apply equally to a codicil.
Required Elements of a Codicil
- Testator's declaration — identity, age, civil status, citizenship, residence, soundness of mind, and the declaration that the instrument is a codicil.
- Reference to the original will — its date, place of execution, and notarial details, so the codicil is clearly tied to the will it amends.
- The amendments — the specific additions, alterations, or revocations.
- Republication clause — ratifying, confirming, and republishing the will in all respects not inconsistent with the codicil.
- Testimonium and the testator's signature — at the end and on the left margin of each page.
- Attestation clause — stating the number of pages and the signing in the presence of one another.
- Signatures of the three instrumental witnesses.
- Acknowledgment before a notary public with competent evidence of identity.
Sample Codicil
Below is a representative excerpt of a codicil, including the attestation clause and three-witness signature block. Use Legalia Ultra to generate a complete, notary-ready codicil with your own amendments and original-will details filled in.
I, Juan Dela Cruz, 69 years of age, married, Filipino, and a resident of 123 Mabuhay Street, Barangay San Antonio, Quezon City, being of sound and disposing mind and memory, and not acting under any duress, menace, fraud, or undue influence of any person whomsoever, do hereby make, publish, and declare this instrument to be a CODICIL to my Last Will and Testament executed on June 3, 2025 at Quezon City, Philippines, and acknowledged before Atty. Jose Manalo, Notary Public, and entered in the latter's notarial register as Document No. 123, Page No. 25, Book No. V, Series of 2025.
1. I hereby ADD the following bequest: to my grandson Mateo Dela Cruz, the sum of One Hundred Thousand Pesos (PHP 100,000.00) to be taken from my savings deposits.
2. I hereby REVOKE the bequest of my motor vehicle made in the Third clause of my said Last Will and Testament.
3. In all other respects not inconsistent with this Codicil, I hereby ratify, confirm, and republish my said Last Will and Testament.
IN WITNESS WHEREOF, I have hereunto set my hand this June 3, 2026 at Quezon City, Philippines, in the presence of the three (3) instrumental witnesses, who, at my request and in my presence and in the presence of one another, have likewise subscribed their names on the left margin of each and every page hereof.
We, the undersigned attesting witnesses, do hereby certify that the foregoing Codicil, consisting of two (2) pages, including this page on which this Attestation Clause is written, was, on the date hereof, signed at the end thereof and on the left margin of each and every page by the testator, Juan Dela Cruz, and by us, the instrumental witnesses, in the presence of the testator and of one another; and we hereby attest that the testator was, at the time of signing, of sound and disposing mind and memory.
BEFORE ME, a Notary Public for and in the above jurisdiction, this June 3, 2026, personally appeared the testator and the three (3) instrumental witnesses whose names and competent evidence of identity appear below:
| Name | Competent Evidence of Identity |
|---|---|
| JUAN DELA CRUZ | Philippine Passport No. P1234567A |
| PEDRO REYES | Philippine Passport No. P7654321B |
| ANA LIM | Driver's License No. N02-12-345678 |
| CARLOS TAN | PhilSys ID No. 1234-5678-9012 |
all known to me and to me known to be the same persons who executed the foregoing Codicil, consisting of two (2) pages including this page on which this Acknowledgment is written, and they acknowledged to me that the same is their own free and voluntary act and deed.
WITNESS MY HAND AND NOTARIAL SEAL on the date and at the place first above written.
Generate Your Codicil — Ultra Plan Required
This document is available on the Legalia Ultra plan. Subscribe to generate a pre-formatted, notary-ready codicil that references the original will, sets out your amendments, republishes the will, and includes the attestation clause and three-witness acknowledgment required by Article 826.
Subscribe to Ultra — Generate NowHow to Draft a Codicil
- State the testator's declaration — identity, age, civil status, citizenship, residence, and soundness of mind, declaring the instrument to be a codicil.
- Reference the original will. Give its date, place, and notarial details so the codicil is unmistakably tied to the will it amends.
- Set out the amendments. State each addition, alteration, or revocation clearly and separately.
- Republish the will. Ratify, confirm, and republish the will in all respects not inconsistent with the codicil.
- Add the testimonium, attestation clause, and three witness signatures — stating the number of pages and signing on the left margin of every page.
- Acknowledge before a notary public. The testator and all three witnesses must appear and acknowledge the codicil, exactly as with a will (Art. 826).