A codicil is a legal document that makes changes, additions, or clarifications to an existing will without requiring you to create an entirely new will. Think of it as an official amendment or supplement that modifies specific parts of your original will while keeping the rest intact.
Legal Requirements for a Valid Codicil
To be legally valid in the UK, a codicil must meet strict requirements:
- Written document: Must be in writing (not verbal)
- Signed by the testator: You must personally sign the codicil
- Witnessed by two independent witnesses: Two people who are not beneficiaries must witness your signature
- Clear reference: Should clearly reference the original will and specify exactly what changes are being made
- Same legal standards: Must comply with all the same legal requirements as the original will
The witnesses for your codicil don’t need to be the same people who witnessed your original will, but they must be independent and not beneficiaries of either document.
Common Reasons for Adding a Codicil
Codicils are typically used for minor adjustments rather than major overhauls. Common reasons include:
Appointing a new executor if the original one has died, updating beneficiaries after births or deaths in the family, making small changes to asset distribution, modifying funeral or burial preferences, changing specific bequests or gifts or updating addresses or contact details.
Advantages and Disadvantages
Advantages:
- More convenient and cost-effective than rewriting an entire will
- Suitable for minor changes
- Preserves the validity of the original will structure
Disadvantages:
- Can potentially be overlooked if not stored properly with the original will
- Although there’s no legal limit on how many codicils you can add to a will, multiple codicils can create confusion or legal ambiguities
- May require court intervention if conflicts arise
- Not suitable for major changes to main assets like property
Storage and Execution
Your codicil should be stored securely alongside your original will in one of these locations:
- Your own safe at home
- With your solicitor or will-writing service
- Lodged with the Probate Service (England and Wales) or Sheriff Court (Scotland)
Ensure your executors know that codicils exist and where to find them.
When to Write a New Will Instead
For significant changes or multiple modifications, estate planning professionals recommend creating a new will rather than using a codicil:
- Major changes to property or substantial assets
- Multiple beneficiary changes
- Complete restructuring of your estate distribution
- When you already have several codicils (to avoid confusion)
When creating a new will, you should:
- Explicitly revoke all previous wills and codicils
- Destroy the old will and any copies to avoid confusion
- Ensure the new will clearly states it supersedes all previous versions
Professional Advice
While you can write a codicil yourself, it’s often wise to seek professional legal advice, especially for:
- Complex changes
- Valuable assets
- Family situations with potential for disputes
- Ensuring compliance with current UK law
Remember that inheritance law can be complex and varies between England, Wales, Scotland, and Northern Ireland, so professional guidance helps ensure your wishes are properly documented and legally enforceable.