What is a Codicil to a Will?

Adding a codicil is the only way to legally make changes to a will once it has been signed and witnessed. It’s a simple document that may only be a few paragraphs long. The codicil sets out the specific changes or additions you want to make while leaving the rest of the will as written.

If you use a codicil, it’s important to store it together with your will so your executors can find it when the time comes.

When would you use a codicil?

Codicils can help you make minor changes to your will. Reasons for doing this include:

• Adding a new executor
• Removing an ex-partner as a beneficiary
• Adding new beneficiaries
• Changing your funeral arrangements
• Cancelling a specific gift
• Leave a gift to a charity

How to write a codicil to a will

When  adding a codicil to a will, the document has to meet certain formalities to be valid, including that it is clear, refers to the original will and contains an acknowledgement that the codicil overrules anything stated in the original will that it affects. The codicil needs to be signed and dated by the will maker and witnessed by two people in the same way as the original. You don’t have to use the same people who witnessed your will, but they must be over 18 and independent – not a beneficiary or a spouse or partner of a beneficiary named in the will.

Can I add a codicil to my will myself?

You can write a codicil yourself, but it’s highly recommended to have a solicitor do it for you. While writing it yourself may seem simple, even small errors in wording or execution can lead to confusion or disputes, that potentially invalidate your changes. Our team will ensure that your codicil is legally sound and correctly reflects your intentions.

How much does a codicil cost?

The cost of creating a codicil varies from solicitor to solicitor and depends on the complexity of the original will and the changes you wish to make.

When should you make a new will instead of a codicil?

If a codicil makes drastic changes, lots of changes, or you already have multiple codicils, it’s recommended that you make a new will instead. When you die, you want to leave your executors with an easy-to-read document that makes your wishes clear. Using a codicil for big changes will only muddy the waters. If executors are confused about what to do, the court may get involved to oversee the administration of the estate.

It is always better to write a new will if you are getting divorced, getting married or you have a new addition to the family. These milestones can change the way you want to distribute your estate and a new will is the best way to ensure this happens.

Get help adding a codicil to a will

The wills lawyers at Osbornes have extensive experience in drafting and advising on codicils, ensuring that your changes are valid and reflect your true intentions. Contact us for specialist advice by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811