Which statement about codicils is correct?

• A. Codicil must follow the same formalities as a will, and if not, it is ineffective and the will remains as originally executed.
• B. A codicil may be created after death with no formalities.
• C. Revoking a will has no effect on existing codicils.
• D. Codicils require no formalities if a will is already valid.

Answer: (A)

Codicils are amendments to an existing will, so they must be treated as part of the testamentary document. In New York law, a codicil must be executed with the same formalities as a will: it must be in writing, signed by the testator, and witnessed by the required number of witnesses (and otherwise comply with all will-formality requirements). If a codicil is not properly executed, it is invalid, and the will remains as it was originally executed, with no changes from the codicil.

That’s why modifying a will through a codicil cannot be done after death or without the necessary formalities, and revoking the will would typically affect the codicil as well since the codicil is part of the testamentary instrument. The other options misstate these rules by suggesting posthumous or informal treatment of codicils or assuming special exceptions when none exist.

So, the correct statement is: a codicil must follow the same formalities as a will, and if not, it is ineffective and the will remains as originally executed.