A codicil is the name given to an official and legally binding amendment to a will. This separate document is used for modifying, adding to, or revoking parts of an existing will without the need to draft an entierly new one.
Like a will, a codicil must be signed in the presence of witnesses and should be securely stored alongside the original will.
Codicils are the only way to update a will without replacing it entirely.In this guide we explore when you should use a codicil, the pros and cons of creating one and when a new will would be required.
When Should You Use a Codicil?
A codicil is a useful tool for making updates to your will, allowing you to reflect any changes in your circumstances or final wishes.
The UK Government advises ireviewing your will every five years to ensure it remains accurate, even if there have been no major life changes.
When minor updates to a will are needed, drafting a codicil is often the most efficient and practical option.
This approach is ideal for making straightforward changes, such as:
The birth of a grandchild, nephew or niece
Moving home
Updating personal details
Adding a donation to charity
Adding assets, such as inherited art or jewellery
Changing your funeral arrangements
How Much Does It Cost to Write a Codicil with a Solicitor?
Writing a codicil with a solicitor can range from £30 - £70. Note that this cost is per codicil. This is considerably cheaper than the cost of making a new will. Creating a single will may cost £150 - £400 while a trust will as much as £349 - £1,000 or more.
For more information on the costs associated with changing a will see: How Much Does It Cost to Change Your Will?
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How to Create a Codicil
Whether you are writing a codicil with the help of a solicitor, or an online will writing service, you must complete the following.
Read your original will
By reading your existing will, you can check you are not duplicating any information. You should review any previous codicils if they have been created. This ensures consistency with the original will.
Draft the codicil
The codicil should be written professionally and as clearly as possible. It must follow the same legal formalities as a will. If these are not properly met it can invalidate the codicil.
Acknowledge that the codicil overrules any contradicting statements in the original will. You should also affirm your existing will in all other respects.
Make executors aware
When creating a codicil to an existing will, you should inform any executors named in the will. If you have set up a trust as part of your will, you should notify the trustee.
Execute the codicil
The document must be signed in the presence of two independent witnesses. They must be over the age of 18 and have no personal or financial interest in your will.
Storing the codicil
Any codicils will need to be stored alongside the original will. This is essential to avoid documents getting lost. It will make the application for probate easier and ensure there are no delays or disputes over the clarity of the will.
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Common Mistakes When Creating a Codicil
Common mistakes include not using professional language or being vague. You must ensure your written directions are clear and concise to avoid any confusion and issues. A solicitor or professional will writer can help you avoid these common mistakes.
Witnesses cannot have any personal or financial interest in your will. If you sign the codicil in the presence of witnesses who stand to benefit from your will, it will not be legally valid.
When Should You Create a New Will?
If the changes are considerable, creating a new will is strongly recommended.
Although there is no limit on how many codicils you can add to a will, multiple additions must be kept track of. If you have already added a codicil and want to make multiple changes, a new will would streamline your documents.
This avoids any disputes around the clarity of the will. It will also make the probate process easier when the time comes.
Examples of bigger life changes that would justify a new will include:
Birth of a child
Adding beneficiaries, especially children, is a prime example of when a new will may be necessary. A will also gives you the opportunity to name guardians for your children. These are the people you entrust to care for your children if anything happens to you while they are minors.
Marriage
If a person marries or enters into a civil partnership after their will is created, their existing will is no longer valid. Each spouse must draft a new will.
Divorce
Many people create a new will following a divorce. Divorce does not automatically invalidate a will. The will itself remains in effect. Instead, your ex-spouse is treated as if they have died and will recieve nothing.
How to Decide Between a Codicil or a New Will
The decision between adding a codicil or drafting a new will depends on the scope and complexity of the changes. It will also depend on the number of amendments. Significant updates will require the creation of a new will.
Using a Codicil
| Pros of Using a Codicil | Cons of Using a Codicil |
|---|---|
Cost-effective compared to rewriting a will | Can create ambiguities if not clearly written |
Simpler and faster process for minor updates | May not be suitable for certain updates, especially if they are major life events |
A convenient option and multiple codicils can be added | An additional document could go missing |
Creating a New Will
| Pros of a New Will | Cons of a New Will |
|---|---|
Better suited to major or drastic life changes | More expensive than a codicil |
Ideal for multiple changes | More time-consuming than a codicil |
Avoids multiple documents and the risk of losing any | Will likely need the assistence of a legal professional |
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Risks of Using a Codicil
There can be risks when using a codicil, especially if you decide to do so without the help of a legal expert. These include:
Invalidation due to errors (e.g the lack of witnesses when signing)
Legal challenges and disputes arising from unclear codicils
Documents being separated from the will
Contradicting content between codicils and existing wills
Key Takeaways
When reviewing your will, a codicil is a legal amendment ideal for minor changes. It is important to evaluate your current circumstances to decide whether a codicil is the right option.
If you are looking to make significant changes, it is recommended that you draft a new will. This will replace the original will, containing your current wishes.
If you are unsure whether you need it, a professional will writer or solicitor can advise you on what is the right option for your circumstances.
Frequently Asked Questions
Can I change my will after it’s made?
Yes. A will can be changed either by creating a new will or adding a codicil. This is an official alteration to an existing will and can cost around £30 - £70. This is the only way a will can be amended without creating a new will.
To find out more see: How Much Does it Cost to Change Your Will in the UK?
What happens if I die without a will?
When you die without a will, the rules of intestacy will usually apply. This means that the law decides who inherits your estate. This will usually be family members. However, if no living family can be located, the Crown will get everything.
Can a living will replace a regular will?
No, a living will can not replace a regular will. A living will does not work in the same way and instead is designed for those who may lose decision-making capacity. It is based on medical care rather than leaving assets to beneficiaries.
How much does it cost to create a will in the UK?
The average cost of making a will in the UK is around £500 according to Which. A single will may cost around £150, while more complicated wills (such as trust wills) can cost upwards of £350. If you and your partner want a mirror will, it costs between £245 and £600 to get drafted.
Free Wills Month takes place during March and October in the UK. It is offered to people over the age of 55. This can be used by anyone looking for a simple will but it is aimed at those wanting to leave a gift to charity.
For more information read: How Much Does It Cost to Make a Will With a Solicitor in the UK?
Finding a Will Writer
If you need a codicil or a new will, Compare My Move can connect you with professionals who can guide you through the legal requirements. They can ensure your wishes are correctly and legally documented, protecting your assets for loved ones in the future.
We can match you with up to 6 verified will writers on our partner network. You can discuss your requirements and costs allowing you to choose the best will writer for your needs.
When hiring a will writer or solicitor, ensure the individual or company is regulated and well-reviewed. They can provide legal advice and advise you on the process, including what you should not put in the will.
You can have peace of mind knowing we have a strict verification process in place and our network of trusted will writers is regulated by either:
Solicitors Regulation Authority (SRA)
Council for Licensed Conveyancers (CLC)
Law Society of Scotland (LSS)
Law Society of Northern Ireland (LSNI)
Chartered Institute of Legal Executives (CILEX)
The Institute of Chartered Accountants (ICAEW)
Institute of Professional Will Writers (IPW)
The Society of Will Writers (SWW)
