Trust Amendments & Codicils to a Will: Why It’s Often Better to Start Fresh

Estate planning is not a “set it and forget it” task. Life evolves—families grow, laws change, assets shift—and estate plans should reflect those changes. If you’ve already created a trust or a Will, you may be wondering whether you can simply amend the existing documents or if it’s better to start over. While trust amendments and codicils to a Will can sometimes be appropriate, there are compelling reasons why a full restatement of a trust and drafting a new Will is often the wiser, more efficient path.

What Is a Trust Amendment?

A trust amendment is a legal document that modifies specific provisions of an existing revocable living trust without revoking the entire trust. For instance, you may wish to change the successor trustee, update beneficiary designations, or revise certain terms of asset distribution.

While amendments are perfectly legal and sometimes useful, they can become problematic if they accumulate over time. Multiple amendments layered on top of each other can lead to confusion, inconsistencies, and potential legal challenges—especially after the Settlor’s death.

What Is a Codicil to a Will?

A codicil is a written supplement to a Will that adds to, deletes from, or alters the Will’s provisions without replacing the original document. It must be executed with the same legal formalities as the original Will, including witness requirements and notarization.

Codicils can be useful for minor updates, like changing the name of an executor or updating a specific bequest. But similar to trust amendments, codicils can create complexity and ambiguity if used too frequently or imprecisely.

Why It’s Better to Restate Your Trust

Instead of patching a trust with multiple amendments, many estate planning attorneys recommend restating the trust in full. A trust restatement keeps the same name and original date—preserving the trust’s continuity—but replaces the entire body of the trust with a new document.

Here’s why restating is often the better option:

• Clarity: A restated trust consolidates all provisions into one comprehensive, up-to-date document, reducing the risk of contradictions and confusion.

• Efficiency: It’s easier for trustees and beneficiaries to administer a single coherent trust than to interpret multiple amendments.

• Continuity: Since the trust name and date stay the same, you don’t have to retitle assets already in the trust—saving time and effort.

• Legal Protection: A restated trust can better reflect current law and modern drafting standards, potentially reducing the chance of litigation or disputes.

Why Draft a New Will Instead of Using a Codicil?

Much like trust amendments, codicils were more commonly used when Wills were typed on typewriters and retyping an entire Will was time-consuming. In today’s digital world, re-drafting a Will is far more practical—and often preferable.

Here’s why:

• Reduced Risk of Confusion: Multiple codicils can create conflicting instructions or inconsistencies with the original Will.

• Modernization: A new Will ensures that your estate plan reflects current laws and your most recent intentions.

• Streamlined Probate: Courts and personal representatives prefer a single, clearly written Will over one that requires piecing together the original document and its various amendments.

Fewer Documents, Fewer Challenges

One of the often-overlooked advantages of restating a trust or creating a new Will is that you eliminate the visible track record of changes. When your estate plan includes multiple amendments or codicils, it creates a trail that someone could scrutinize—looking for inconsistencies, changes in intent, or opportunities to claim undue influence or lack of capacity at a particular point in time.

Each separate amendment or codicil becomes a potential target in litigation. A disgruntled heir or beneficiary might argue that only some of the amendments were invalid—perhaps claiming that the third amendment was forged or the first codicil was made under duress. This creates legal ambiguity and can lead to multiple time-consuming and expensive challenges.

In contrast, a single, restated trust or updated Will is easier to defend. It reflects your most recent intent in a unified document, with no piecemeal history to attack. This streamlined approach minimizes confusion and helps protect your estate plan from legal disputes.

Modern Technology Makes It Easier to Just Start Fresh

Thanks to today’s digital tools, estate planning attorneys can restate a trust or draft a new Will with remarkable efficiency. If the original attorney still has your estate plan on file, they can typically open the existing digital document and make comprehensive updates faster than drafting a separate amendment or codicil.

In fact, creating a new document from the existing file often takes less time and effort than carefully crafting and cross-referencing a standalone amendment that must precisely dovetail with the original. It also reduces the chance of human error—especially when trying to “patch” outdated or complex legal provisions.

In short, the perceived convenience of a quick amendment or codicil doesn’t always translate to actual efficiency—and may even create more work (and legal risk) in the long run.

When Should You Update Your Estate Plan?

It’s a good idea to review your estate plan every 3–5 years, or sooner if you experience a major life change, such as:

• Marriage, divorce, or remarriage

• Birth or adoption of children or grandchildren

• Significant changes in assets or income

• Changes in tax law or estate planning laws

• Death or incapacity of a beneficiary or fiduciary

Conclusion

While trust amendments and codicils serve a purpose, they’re often best suited for minor tweaks—not major updates. If your estate plan needs significant changes, restating your trust and executing a new Will ensures clarity, consistency, and legal soundness.