What is a Codicil?

What is a Codicil?

After you’ve written your Will, many wrongly think you’ll be unable to make amendments without replacing it entirely. This is where you may come across a ‘codicil’, which is an additional legal document that explains any changes.

Codicils are a great way to make small additions or changes to your Will without having to start an entirely new document. They’re also usually more cost-effective.

Codicil Meaning

If you’ve already written your Will but your wishes have changed, it’s important to get it updated as soon as possible.

A Codicil is a legal document that allows you to make any minor changes such as adding, changing or removing sections, meaning there’s no need to start from scratch. Other than creating an entirely new Will, this is the best option to make legal changes once it’s been signed and dated. 

What is a Codicil to a Will?

A Codicil to a Will is essentially an amendment that allows you to make minor changes to your existing Will without having to rewrite the entire document. This can include changes like adding new beneficiaries or updating personal details.

What Can I Change in a Codicil to a Will?

You can use a codicil to make minor updates to your will, such as:

• Updating Gifts: Adjust the amounts or items left to beneficiaries.
• Changing Your Executor: Designate a new executor to manage your estate.
• Modifying Beneficiaries: Add or remove beneficiaries.
• Altering Guardian Selection: Appoint a new guardian for children under 18.

If numerous changes are needed, or if a codicil already exists, rewriting your will may be more efficient to avoid any confusion.

Codicil Will: Why Choose a Codicil Instead of a New Will?

Life has a habit of changing, often leaving you in entirely different circumstances from where you started. A Codicil can be useful if the alterations you want to make are only minor, such as adding or removing beneficiaries or leaving specific gifts of money or valuable items.

If you’re using a solicitor, adding a Codicil is often a more cost-effective option than writing a new Will entirely too. Having said that, it’s usually advisable that you review your Will every five years anyway.

Can I Add a Codicil to My Will Myself?

While you don’t necessarily need a solicitor to add a Codicil to your Will, it's highly recommended that you seek professional legal advice to make sure the Codicil is valid. A poorly drafted Codicil may lead the entire Will to be invalidated.

At GloverPriest, our expert Wills, LPA and Probate Solicitors can provide valuable guidance on the legal requirements for creating a Codicil and ensure that it’s accurate and properly executed.

How to Write a Codicil to a Will

To write a codicil, follow these guidelines:

1. Declare the Document: State that it is a codicil to your will.
2. Include Identifying Information: Add your full name, address, and the date.
3. Confirm Sound Mind: State that you are of sound mind and not under duress.
4. Specify Changes: Clearly describe which parts of your will you are changing.
5. Legal Statements: Include statements that the codicil overrules parts of the original will and that unchanged parts remain valid.
6. Sign and Witness: Sign and have the codicil witnessed according to your local laws.
7. Store Safely: Keep the signed codicil in the same secure place as your will.

By following these steps, you can ensure your codicil is valid and legally binding.

Can I Have Multiple Codicils to My Will?

Yes, you can. But while there are no limits on how many Codicils you can add to your Will, it’s worth remembering that the more you add, the more confusing it can be for your family or loved ones when it comes time for your Will to be read.

If your Will is overly complicated, you also risk it being potentially contested in court by someone who was in your Will but has been removed, or somebody who has received a different gift to what they expected.

The purpose of a Will is to ensure your wishes are easy to understand and are respected after you’ve passed, so if you’re considering changing multiple parts it might be worth starting a new Will entirely.

When is a Codicil not appropriate?

If your life changes significantly, such as getting married, separating or divorcing, having children, moving house or if your named executor passes away, and you want to make any major or multiple changes to your Will, it’s usually best to start from scratch and create an entirely new Will.

Is a Codicil legally binding in the UK?

Yes, a Codicil is legally binding in the UK. 

Under UK law, a Codicil is an integral part of the Will it modifies. So, as long as the Codicil meets the legal requirements for a valid Will, it will remain legally binding (meaning the terms are agreed). 

What are the legal requirements for a Codicil?

To be valid, a Codicil must be signed and executed in the same way as a Will. It must:

• Be in writing (handwritten or typewritten) and unambiguous (straightforward) in its terms.
• Be signed and dated by the testator (Will or Codicil maker).
• Be signed in the presence of two unbiased witnesses (i.e. someone who’s not a spouse or Civil Partner and is not named in the Will) who are over the age of 18.
• Refer to the original Will that it is amending or supplementing to make sure, when the time comes, the Codicil is read in conjunction with the original. 
• There should also be an acknowledgement that the Codicil should overrule anything stated in the original Will that it affects.

It’s also important to remember that you have to have ‘sufficient mental capacity’ at the time the Will is executed, and Codicils are no different. 

What Could Make a Codicil Invalid?

A codicil must meet certain legal formalities to be valid. Here are some factors that could render it invalid:

1. Lack of Mental Capacity: The Testator must understand the document and its implications. Doubts about mental state can lead to challenges.
2. Improper Execution: In the UK, the codicil must be signed by the Testator and two witnesses who are not beneficiaries or married to beneficiaries.
3. Undue Influence: If the Testator was pressured into making changes, the codicil can be contested.
4. Ambiguity: Confusing or contradictory provisions can lead to disputes and potential invalidation.

Amending a Will

Amending a Will through a Codicil

Amending a Will through a codicil is a straightforward process, provided the changes are minor and the legal requirements are met. For major changes, consider creating a new Will entirely.

Update Your Will

The UK Government suggest you should review your Will every five years and after any major life change, such as:

• Getting separated or divorced
• Getting married (this cancels any Will you made before)
• Having a child
• Moving house
• If the executor named in the Will dies

How Can GloverPriest Help?

At GloverPriest, we’re here to help you plan for your family’s future by providing friendly and transparent legal advice. If you would like further advice on your Will, please don’t hesitate to speak to one of our expert Wills solicitors. 

Alternatively, complete our enquiry form and a member of our helpful team will get back to you.