If you have an existing will, it’s important to review it regularly, especially if your personal or financial circumstances change. If the time comes to make an update, like adding a new beneficiary, you can choose to add a codicil or make a new will.
Writing a new will is often better than creating a codicil, as it provides a clear reflection of your wishes, avoiding confusion. When multiple codicils are put in place, there is more room for ambiguity and the risk of a potential legal challenge.
In this blog, we’ll cover when it’s a good time to amend your will, what a codicil is, and when it’s better to create a brand new will.
If you’re unsure which route to take, the friendly team at MW Legal Services can help you make the right choice. Feel free to contact us today for advice.
What is a codicil?
A codicil is a legal document used to make minor updates to an existing will, like adding an additional executor or updating funeral wishes.
It’s important to understand that a codicil is a separate document in its own right. It’s possible to have more than one codicil, but it does add a layer of complexity the more you add. When making significant changes, a new will is usually the best option.
Reasons to amend your will
When your circumstances change, as they so often do in life, it’s important to ensure your will still reflects your wishes. For example, you may wish to make updates for the following reasons:
- Major life event, such as marriage, divorce, or the birth of a child – You might include a new significant beneficiary or update guardianship arrangements, for example. If you’ve recently got married you definitely need a new will as the act of marriage revokes all previous wills.
- Changes to personal circumstances or relationships – You may wish to add or remove executors, beneficiaries and residuary beneficiaries.
- Buying or selling assets or property – To ensure your estate is divided fairly and check whether the changes have legal considerations or affect your inheritance tax position.
- Adjusting funeral wishes – As life unfolds, sometimes our wishes for after we’re gone change. Maybe you’ve decided you’d prefer a celebration of life instead of a traditional service, or you’ve moved and want to be laid to rest somewhere different.
- Change in financial situation – Your income, savings, or investments might increase or decrease over time. Updating your will ensures your estate is distributed in a way that still feels fair and reflects your current position.
- Loss of a loved one – If someone named in your will has passed away, you may need to replace them as a beneficiary, executor, or guardian.
- Starting or closing a business – Business ownership can change the structure of your estate. You might want to decide what happens to the business or who will take over.
- Moving abroad – Different countries have different legal rules around wills and inheritance. A move might mean revising your will so it’s valid where you live or own assets.
- Health changes – A serious illness or change in health might prompt you to review how your estate supports loved ones or funds future care needs.
- Tax planning – It’s worth regularly reviewing your will to ensure your estate is as tax-efficient as possible. Inheritance tax rules are subject to change, so by writing a new will, you can make sure you take advantage of current allowances.
- To leave a gift – You might want to leave a special gift to a loved one or charity, say jewellery, a painting, or a sum of money.
Ways that you can amend your will
There are two main ways to make changes:
- Add a codicil – for minor changes such as replacing an executor or updating contact details.
- Write a new will – for significant changes or when your personal circumstances have altered considerably.
Using a codicil vs a new will
If you only need a minor amendment, such as correcting a spelling error or updating an address, adding a codicil is usually sufficient and more convenient but not necessarily cheaper. But using a codicil for a big change, or having multiple documents alongside your will is more complicated.
Think of it as sticky notes stuck to your will – great for small reminders, but not ideal for big updates. The more codicils you add, the greater the risk of confusion and potential legal disputes, especially if the amendments are even slightly contradictory.
A new will is a clean slate and eliminates that risk. It clearly replaces all previous wills, leaving no room for doubt.
What are the risks of adding a codicil?
Adding a codicil might seem like a simple and convenient way to update your will, but there are risks if they are not used correctly. For example, a codicil may:
- Get lost or separated from your original will. If that happens, your intended changes won’t take effect, and it could even lead to claims against your estate or your executors personally.
- Contradict earlier changes or the will itself, leaving loved ones unsure what you really wanted.
- Be invalid if not signed and witnessed correctly.
- Cause confusion for executors, who have to piece together several different documents.
- Spark disagreements or legal disputes between family members.
If a codicil causes confusion, it can delay probate and create unnecessary stress for everyone involved. That’s why many solicitors recommend writing a new will instead. It’s clearer, simpler, and helps ensure your wishes are followed exactly as you intend.
What are the legal requirements for amending a will?
Both wills and codicils must be signed and witnessed to be legally binding. The witnesses must be over 18, present at the same time, and not named as beneficiaries. The person creating the codicil or will must also have testamentary capacity.
If you create a new will, it should explicitly revoke all previous wills and codicils. This avoids any doubt about which version reflects your current wishes.
Remember, failing to meet the legal requirements can make your will invalid, meaning your estate could be distributed according to intestacy rules instead of your instructions.
Not sure where to start? Contact us
If you’re unsure whether to add a codicil or write a new will, it’s important to talk to a professional will writer. MW Legal Services is a member of the Society of Will Writers, with years of experience serving thousands of happy customers. We can review your existing will, talk through your current circumstances, and recommend the most secure way forward.
Call us today for friendly, expert advice.
Frequently asked questions – why a new will is more beneficial than a codicil
How do I amend my will without writing a new one?
You can create a codicil to reflect minor alterations, but it must be witnessed correctly to be legally binding. Keep in mind that adding more than one codicil can lead to confusion, so use this option only for minor amendments.
Does a new will override the original document?
When you write a new will, it automatically revokes your old will and any previous codicils, as long as this is clearly stated. This ensures only your most recent instructions are followed.
When should I consider making a codicil instead of a new will?
A codicil is suitable if you want to make minor changes to your will, such as updating an address, removing an executor, or adding a small gift. For significant changes, like adding new beneficiaries or revising your estate planning, a new will is best.
Is a codicil legally valid?
A codicil is legally valid if it’s signed and witnessed in the same way as a will. However, it must not contradict your original will in any way, as any ambiguity could result in a legal challenge.
How many codicils can I add to my will?
Legally, there’s no set limit to the number of codicils you can add to your will. That said, if you have more than one document, things can get complicated. The more you have, the higher the risk that your intended amendments could be misinterpreted or contradict each other.
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