Codicils – should you change or update your will or is a new will best?

A codicil is a separate legal document which amends an existing Will. Once validly executed, the Will and codicil are read together.

A codicil might change one particular provision while confirming that everything else in the Will remains in place.

You should not simply write on, cross out or amend your signed Will yourself. Handwritten alterations can create uncertainty about whether a change is legally valid and what you actually intended.

How we can help you

You do not need to decide whether you need a codicil or a new Will before contacting us. We can review your existing Will alongside the changes you want to make and advise on the simplest and safest option.

We can help with:

• Reviewing your existing Will – checking whether it still reflects your family circumstances, assets and wishes.

• Advising whether a codicil is appropriate – considering whether the proposed amendment can safely be made without replacing the Will.

• Drafting and executing a codicil – ensuring the amendment works with the existing Will and advising on correct signing and witnessing.

• Preparing a replacement Will – where several changes or changed circumstances make a new Will the better solution.

• Changing executors or beneficiaries – including considering how the change affects other provisions in the Will.

• Reviewing existing codicils – particularly where several documents have accumulated over time.

• Advising after major life changes – including marriage, divorce, births, deaths or significant changes in your financial circumstances.

• Considering tax and estate-planning implications – where changing a gift or beneficiary could have wider consequences.

• Reducing the risk of a future dispute – particularly where you are making a significant or potentially contentious change.

• Safe storage – helping ensure the final Will and any codicil can be located when your executors need them.

What can you use a codicil for?

Codicils are generally most suitable for limited and straightforward changes, including:

• changing or adding an executor;

• adding or removing a particular gift;

• changing the amount of a cash gift;

• adding a new beneficiary;

• changing who receives a particular asset or possession;

• updating particular wishes contained in the Will.

A seemingly small change can sometimes affect other provisions, so the existing Will needs to be considered as a whole.

Codicil or new Will?

There is no fixed rule about how many changes can be made by codicil. The important question is which approach records your wishes most clearly and creates the least risk of uncertainty later.

A codicil may work well where your Will is relatively recent and you only need one or two straightforward changes.

A new Will will often be preferable where:

1. you want to make several changes;

2. the existing Will is old;

3. you already have one or more codicils;

4. you are substantially changing who inherits;

5. your family circumstances have changed;

6. your assets or financial position are materially different;

7. trusts or more complicated provisions need changing; or

8. amendments to one provision could affect several others.

One clear and up-to-date Will can be considerably easier for executors to administer than an old Will accompanied by several later amendments.

Is a codicil cheaper than making a new Will?

Not necessarily. Although the final codicil may only be a short document, much of the solicitor's work can be similar.

A solicitor will normally still need to review your existing Will, understand your current circumstances, take instructions and check how the proposed amendment affects other provisions.

For a very simple change, a codicil may sometimes be cheaper. However, the difference may be relatively small and, where more substantial changes are needed, making a new Will can be more cost-effective as well as providing greater certainty.

Cost should therefore not normally be the main reason for choosing a codicil.

Can you have more than one codicil?

Yes, but this is another situation where practicality becomes important.

Several codicils mean your executors may eventually have to establish the correct chronological sequence and interpret the original Will together with each subsequent amendment.

If you already have a codicil and now want further changes, it is worth considering whether a single replacement Will would be simpler and more secure.

Can a codicil be challenged?

Yes. A codicil can potentially be challenged on many of the same grounds as a Will.

Issues can include:

• whether it was correctly signed and witnessed;

• whether the person making it had testamentary capacity;

• whether they knew and approved its contents;

• allegations of undue influence or fraud; and

• uncertainty about what the codicil was intended to change.

A significant late codicil which unexpectedly removes a beneficiary or substantially increases another person's inheritance can be particularly susceptible to scrutiny after death.

Obtaining legal advice can therefore be especially important where the proposed change is substantial, potentially contentious or being made by an elderly or vulnerable person.

What happens if the codicil is lost?

The Will and codicil are separate legal documents, so both need to be stored safely.

If your executors locate your Will but do not know that a later codicil exists, there is a risk that they may initially proceed on an incorrect understanding of your wishes.

Safe storage and ensuring that the people responsible for your estate know where the current documents are held are therefore important.

Marriage, divorce and codicils

Major changes in personal circumstances should generally prompt a review of the entire Will, rather than automatically making a codicil.

Marriage or civil partnership can revoke an existing Will unless it was made in contemplation of that particular marriage or civil partnership.

Divorce does not generally revoke the whole Will. Once the divorce is final, however, provisions relating to a former spouse are generally treated as though the former spouse had died before you, subject to the circumstances and wording of the Will.

Either situation can substantially change how your estate would pass, making a complete Will review particularly important.

Common problems with DIY codicils

The fact that a codicil may only contain one change does not necessarily make it legally simple. Problems can include:

• incorrect witnessing;

• ambiguous descriptions of beneficiaries or gifts;

• inadvertently contradicting the existing Will;

• changing one provision without considering another;

• failing to identify the Will being amended correctly;

• uncertainty about whether an earlier codicil remains effective;

• inadvertently affecting a beneficiary's gift by using them as a witness; and

• the codicil being stored separately and subsequently overlooked.

In some cases, the cost of resolving uncertainty after death can greatly exceed any saving made by preparing the codicil without legal advice.

Frequently Asked Questions

Does a codicil need witnesses?

Yes. A codicil generally needs to satisfy the same execution requirements as a Will.

In England and Wales this normally means that it must be in writing, signed by you with the intention of giving effect to it and witnessed by two witnesses who are present at the same time.

The choice of witnesses also matters. Using a beneficiary, or their spouse or civil partner, as a witness can cause problems with gifts to that person.

Can I change an executor with a codicil?

Yes. This is one of the more common potential uses of a codicil.

You may want to change an executor because someone has died, is no longer able or willing to act, your relationship with them has changed or you now consider somebody else more suitable.

If the original Will is several years old, however, it can be sensible to review the whole Will at the same time rather than changing the executor in isolation.

Can I add or remove a beneficiary?

Yes, but greater care may be required.

Adding or removing a beneficiary can affect other provisions dealing with the residue of the estate, substitute beneficiaries, survivorship and potentially inheritance tax.

Where you are significantly changing who benefits from your estate or the proportions they receive, a replacement Will will often provide a clearer solution.

What if the codicil conflicts with the Will?

A valid later codicil can amend provisions in an earlier Will. The difficulty arises where it is unclear exactly what the codicil was intended to replace or how the two documents should operate together.

A properly drafted codicil should clearly identify the Will it relates to, specify the amendment being made and confirm which other provisions remain unchanged.

If substantial rewriting is required to make the documents work together, that is a strong indication that making a new Will may be preferable.