A Codicil is a legal document that allows you to amend an existing Last Will and Testament. It does not replace your original Will. Instead, it works alongside it and updates specific sections while keeping the rest intact.
You can think of a Codicil as a formal amendment rather than a full rewrite. Once you sign and witness it correctly, it becomes part of your Will.
For instance, you can use a Codicil to:
- Change a executor
- Add or remove a beneficiary
- Update a specific gift
- Correct minor errors
- Clarify funeral wishes
As a result, a Codicil helps you avoid rewriting your entire Will when only small updates are required.
When You Should Review Your Will
You should review your Will every five years. Regular reviews help ensure your wishes remain accurate and relevant. Additionally, you should check your Will after any major life event.
Common life events include:
- Getting married
- Getting separated or divorced
- Having a child or grandchild
- Moving house
- If an executor passes away
- Changes in your financial situation
Most importantly, marriage cancels any previous Will in England and Wales. Therefore, you must create a new Will after marriage. On the other hand, divorce does not cancel a Will, but it can affect how your former partner benefits.
When You Should Use a Codicil
A Codicil works best for small and clear changes. It suits situations where your overall wishes remain the same.
For instance, you may choose a Codicil if:
- You want to replace or update an executor
- You need to update beneficiary details
- You wish to add a small gift
- Your financial situation has slightly changed
- You want to update funeral or burial wishes
However, you should avoid using a Codicil for major updates. If your changes affect the structure of your estate, a new Will is the better option.
Legal Requirements for a Codicil
A Codicil must follow the same legal rules as a Will in England and Wales. These rules ensure the document remains valid and enforcement.
You must:
- Put the Codicil in writing
- Clearly refer to your existing Will
- State the exact changes you want to make
- Sign the document at the end
- Ask two independent witnesses to sign it
Additionally, the witnesses must not benefit from the Will. They must also watch you sign the document in person. This process ensures the Codicil meets all legal standards.
How to Create a Codicil
Creating a Codicil involves following the correct process to protect your wishes.
- Identify the changes you want to make
- Draft the Codicil using clear and simple wording
- Refer to your original Will by date
- Explain each change in detail
- Sign the document in front of two witnesses
- Ask the witnesses to sign the document
- Store the Codicil safely with your Will
You do not need a solicitor to create a Codicil. However, you should ensure the document remains clear and legally valid.
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This article is for general informational purposes only and does not constitute legal or financial advice. While we aim to keep our content up to date and accurate, UK laws and regulations are subject to change. Please speak to a professional for advice tailored to your individual circumstances. Will Guardian accepts no responsibility for any issues arising from reliance on the information provided.