A codicil is a legal document used to make an official change to an existing Will.
It can be useful for small amendments, but for bigger changes it is often clearer to make a new Will instead.
Life changes over time, and your Will may need to change with it. New family members, a house move, relationship changes, or different wishes about who should inherit can all be reasons to review your estate plan.
Creating a Will is free with By The Willow. If your wishes change later, the important thing is to update your Will properly rather than making informal handwritten changes.
A codicil changes part of an existing Will while leaving the rest of the Will in place.
It is a separate document, so it should be kept safely with the original Will. This helps executors find all the documents they need after your death.
The codicil should clearly identify the Will it is changing, explain the change being made, and confirm that the rest of the Will continues to apply.
A codicil must be signed and witnessed in the same way as a Will.
This means you must sign it in the presence of two suitable witnesses, and they must sign it in your presence.
The witnesses do not have to be the same people who witnessed your original Will, but they should still be independent and should not benefit from the Will or codicil.
A codicil may be suitable for small, straightforward changes.
For example, you might use one to:
◆ Change an executor
◆ Update the name or address of a beneficiary
◆ Add a small cash gift or charity gift
◆ Remove a gift that is no longer relevant
◆ Update funeral wishes, if they are included in the Will
At By The Willow, we allow you to update your will as many times as you’d like for £10 a year, but more traditional solicitors and will writers won’t offer this option.
For major changes, a new Will is usually the better option.
You should consider making a new Will if:
◆ You are getting married or entering a civil partnership
◆ You are divorcing, separating, or ending a civil partnership
◆ You want to change who receives a large part of your estate
◆ You have had a child, grandchild, or another major family change
◆ You are changing property, trust, business, or inheritance tax arrangements
◆ You have already made one or more codicils and the documents are becoming difficult to follow
Codicils can be useful, but they can also create problems if they are used too often or written unclearly.
Common risks include:
◆ The codicil being lost or stored separately from the Will
◆ Executors missing the codicil when applying for probate
◆ Several documents needing to be read together
◆ Unclear wording that conflicts with the original Will
◆ Questions about whether the codicil was signed and witnessed correctly
If the change is more than minor, making a new Will can make things cleaner and easier for your executors.
You can write a codicil yourself, but it must be legally effective, clear, signed, and witnessed correctly.
Because a codicil changes a legal document, mistakes can cause real problems. If you are unsure, or if the change affects money, property, children, trusts, tax, or a family dispute, it is sensible to get advice.
◆ A codicil is an official document that changes part of an existing Will
◆ It must be signed and witnessed in the same way as a Will
◆ Codicils are usually best for small, simple changes
◆ For major changes, a new Will is often clearer
◆ A new Will should revoke earlier Wills and codicils
Keep your Will easy to update By The Willow offers unlimited Will updates for £10 per year, helping you keep your Will current as life changes. Update my Will
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By The Willow™, a trading name of LCR Group Holdings, provides access to self-service legal forms and information. By The Willow™ is not a law firm and does not provide legal advice. It is not a substitute for a qualified attorney’s advice.
