Codicils are documents created to alter an element of an existing will such as change of Guardian or Executor. Codicils, like wills, must be written using the correct terminology and they also have to be found and read in conjunction with the existing will that they refer to.
I don’t write Codicils when asked, as the fee would be the same (in some cases more) and there is the risk that the family of the deceased would have to find 2 documents rather than just the one. By definition, Codicils are written some time after the original will so they are rarely stored in the same place as the will giving rise to a risk of loss one of the necessary documents.
There can also be a problem with a codicil even if it is found, as there are now two legal documents, the will and the codicil, imagine what could happen if the Executor of a will finds them both but doesn’t like or agree with what’s written in the Codicil? They could simply destroy it and go with the one legal document, the original will, and no one except themselves would be any the wiser!
It is for these reasons that I don’t write Codicils and am much happier to re-write a client’s will from fresh and make sure it is stored correctly and the old will, once revoked, is destroyed. I usually let the client destroy the old will as it’s their property.
However, a new Will automatically revokes the previous will and the testators wishes are laid out clearly in one document. That document, when stored safely, is easily found, there’s no confusion and the deceased wishes are carried. out.
So, if you want to alter your old will, click on our Single or Mirror Will forms and write what you want to happen on your death, it’s by far the better way!
