Codicils Explained
How to Amend a Will Without Writing a New One
A codicil is a legal document used to make changes to an existing will without replacing the entire document. It allows you to amend specific parts of your will while leaving the rest unchanged.
Codicils can be useful when only minor amendments are required, such as changing an executor, updating a beneficiary or correcting personal information.
However, if your circumstances have changed significantly, writing a new will is often the clearer and safer approach.
Understanding when a codicil is appropriate can help ensure your wishes remain legally valid and easy for your executors to follow. Citizens Advice's guide to wills covers the general legal backdrop that codicils sit within.
How Does a Codicil Work?
Rather than rewriting your entire will, a codicil refers to the original document and specifies exactly which sections should be amended — for example, replacing an executor, adding or removing a beneficiary, changing a cash gift, updating an address, correcting a spelling mistake, or changing a funeral preference.
Everything not mentioned in the codicil continues to apply exactly as written in the original will.
When Should You Use a Codicil?
A codicil is generally most appropriate for minor amendments. Common examples include:
Changing an Executor — if an executor has died, moved abroad or is no longer able or willing to act, you may wish to appoint someone else.
Updating Personal Details — if your address or the address of a beneficiary has changed, a codicil may be sufficient.
Changing Gifts — you may wish to increase, reduce, add or remove a specific gift.
Adding a Charity — many people later decide to leave a gift to charity without changing the rest of their estate plan.
When Should You Make a New Will Instead?
Although codicils are useful, they are not always the best option.
A completely new will is often recommended if you have married or entered a civil partnership, divorced, had children or grandchildren, your family circumstances have changed significantly, you own substantially different assets, several parts of the will need changing, or you already have one or more codicils.
A new will is often easier for executors to understand and administer.
Is a Codicil Legally Binding?
Yes, provided it meets the same legal formalities that apply to a will. In England and Wales, a codicil generally should be in writing, clearly identify the original will, be signed by the person making it, be signed voluntarily, and be witnessed by two independent witnesses who are present at the same time. Failure to meet these requirements could make the codicil invalid.
Can You Have More Than One Codicil?
Yes. It is possible to create multiple codicils over time. However, having several amendments attached to one will can create confusion for executors and beneficiaries. If numerous changes are required, many solicitors recommend replacing the original will entirely.
Common Mistakes When Using a Codicil
Avoid making handwritten changes directly on your will, forgetting to have the codicil witnessed correctly, failing to clearly identify the original will, making multiple complicated amendments through separate codicils, losing the codicil or storing it separately from the original will, and forgetting to tell your executors about the updated documents.
Keeping the original will and any codicils together can help ensure your executors locate all relevant paperwork.
How to Make a Codicil
Step 1 – Review Your Existing Will — identify exactly which clauses need to be changed.
Step 2 – Decide Whether a Codicil Is Appropriate — if only one or two changes are required, a codicil may be suitable; if many changes are needed, consider preparing a new will instead.
Step 3 – Prepare the Codicil — clearly describe the date of the original will, which clause is changing, and the new wording. The remaining provisions of your will should continue unchanged.
Step 4 – Sign the Codicil — sign the document in the presence of two independent witnesses who also sign it.
Step 5 – Store It Safely — keep the codicil with your original will and inform your executors where both documents are stored.
Should You Use a Solicitor?
Many straightforward codicils can be prepared without extensive legal advice.
However, professional advice may be worthwhile if your estate is valuable, trusts are involved, there are inheritance tax considerations, you own overseas assets, family relationships are complicated, or you are unsure whether a codicil or a new will is more appropriate.
A solicitor can help ensure your documents work together correctly.
Compare Will Writing Solicitors Near You
Whether you need to make a small amendment or completely rewrite your will, professional advice can help ensure your wishes are properly documented.
Find a Funeral helps you compare experienced will writing solicitors throughout the UK, allowing you to request quotations, compare services and find trusted legal professionals in your local area.
Yes, provided it complies with the legal requirements. However, professional advice may reduce the risk of mistakes.
No. A codicil amends specific parts of your existing will while leaving the remaining provisions unchanged.
Yes, although having multiple codicils can make estate administration more complicated. A new will is often clearer if several changes have accumulated.
Yes. The original will and all codicils should be kept together in a secure location, and your executors should know where they are stored.
In some cases, a codicil may be a more cost-effective option for minor amendments. The overall cost depends on the complexity of the changes and the professional services used.