Codicil Definition UK | What Is a Codicil & When to Update a Will
What is a codicil?
A codicil allows you to make small changes to an existing will without rewriting the entire document. It must follow the same legal formalities as a will, including being signed in the presence of two independent witnesses. Once executed correctly, a codicil becomes a legally recognised part of your will, ensuring your updates are valid under England and Wales law.
Common uses include:
- Changing or adding specific gifts
- Appointing a new executor or guardian
- Updating listed assets
When should a will be updated?
Keeping your will up to date is almost as important as writing it in the first place. The UK government recommends reviewing your will at least every five years, or sooner if your circumstances change.
Key life events that usually prompt a review include:
- Becoming a parent or grandparent, to ensure children or grandchildren are protected
- Marriage, which can automatically void a previous will unless it references the marriage
- Divorce, where ex-spouses are treated as predeceased and may need substitute provisions
Other reasons include the death of a beneficiary or executor, changing family circumstances, or updated funeral and burial wishes.
When to use a codicil?
A codicil is generally suitable only for minor updates. If you need to make multiple or significant changes, creating a new will is usually safer and clearer. Multiple codicils can create confusion and increase the risk of disputes, especially if they conflict with the original will.
How can you change your will?
Once a will has been signed and witnessed, it cannot be altered. Any changes must be made using a codicil or by drafting a new will. Both options must follow strict legal requirements to be valid.
How to write a codicil to a will?
If you decide to create a codicil, follow these key steps:
1. Read your original will: Identify the changes you want to make, such as updating executors, adding beneficiaries, or changing gifts.
2. Seek professional advice: Codicils are legal documents, so working with a solicitor ensures the language is correct and legally valid.
3. Proofread carefully: Read the codicil thoroughly before signing to ensure accuracy.
4. Sign in front of two witnesses: As with a will, witnesses must be independent and present at the time of signing.
What does a codicil do in the UK?
While codicils can be convenient, they carry several risks:
- Getting lost or misplaced, meaning your executor/s may not see it
- Conflicting language with the original will or previous codicils
- Multiple codicils making the estate more complicated to administer
For these reasons, many people opt to write a new will with professional guidance rather than rely on codicils.
Is a codicil cheaper than writing a new will?
While a codicil may seem cheaper for small updates, the costs and risks can add up, especially if multiple codicils are created. Professional will-writing services offer clarity, reduce risk of disputes, and ensure that your wishes are legally binding - offten making a new will the smarter choice.
Thinking about updating your will?
While codicils can work for very small changes, they often create confusion and risk disputes later on. In many cases, writing a new will with professional guidance is the clearer and safer option.
If you’d like a free, confidential conversation about updating or rewriting your will with the support of an experienced will-writing professional, our team can help you understand your options and take the right next step. Get in touch today.
