A Will is one of the most important legal documents you can make. It sets out what should happen to your estate after your death and helps ensure your wishes are respected.

But circumstances can change. You may want to add a new gift, change an executor or update a beneficiary without completely rewriting your Will.

In some circumstances, a codicil can provide a simple way to make a minor amendment. For more substantial changes, however, making a new Will may be the better option.

What is a codicil?

A codicil is a supplementary legal document that allows you to make a minor change or addition to an existing Will without rewriting the entire document.

It can be used for changes such as:

• Adding or removing a specific gift.
• Changing or appointing an executor.
• Updating beneficiary details.
• Correcting a minor error.
• Changing funeral wishes.
• Making other specific amendments where the overall structure of the Will remains unchanged.

A codicil should clearly refer to your original Will and set out exactly what is being changed. Your original Will remains in place, with the codicil read alongside it.

Should I use a codicil or make a new Will?

The answer depends on the nature and extent of the changes you want to make.

A codicil may be appropriate if:

• You want to make one or two minor changes.
• You want to add a specific gift.
• You need to change an executor.
• A beneficiary’s details have changed.
• The overall intentions and structure of your existing Will remain the same.

A new Will may be more appropriate if:

• You want to change how your estate is divided.
• You need to amend several sections of your Will.
• You want to change whole paragraphs or significant provisions.
• Your personal or family circumstances have changed considerably.
• You already have several codicils attached to your Will.

Although there is no legal limit to the number of codicils you can make, having multiple documents can make your wishes more complicated to interpret.

In these circumstances, a new Will can provide a clear and up-to-date record of your wishes, reducing the potential for confusion or dispute.

When might you need a codicil?

There are many reasons why you might want to make a minor amendment to your Will.

For example, you may wish to:

• Add a gift to a particular person or charity.
• Change the person appointed as your executor.
• Update a beneficiary’s name or circumstances.
• Appoint a new guardian for children.
• Correct a small error in your existing Will.
• Update your funeral wishes.

The key consideration is whether the change is genuinely minor and whether the fundamental intentions of your existing Will remain the same.

If you are making significant changes, it is generally advisable to consider a new Will instead.

How do you make a codicil legally valid?

A codicil needs to be prepared and executed correctly to ensure it is legally valid.

Generally, the process involves:

1. Identifying the changes you want to make to your existing Will.
2. Clearly referring to your original Will within the codicil.
3. Setting out the amendments precisely, so there is no uncertainty about what is being changed.
4. Signing and dating the codicil in the presence of two independent witnesses.
5. Ensuring the witnesses also sign the document.
6. Keeping the completed codicil safely with your original Will.

It is important that the witnesses are independent and do not have an interest in the Will or codicil.

Because even a small error can potentially cause difficulties later, professional advice can help ensure that the codicil is correctly drafted and executed.

Codicil vs. a new Will: what’s the difference?

The right option will depend on your individual circumstances and the extent of the changes you wish to make.

Do I need a solicitor to write a codicil?

You do not legally have to use a solicitor to prepare a codicil. However, it is important that the document is correctly drafted, signed and witnessed.

A codicil that is unclear, incorrectly executed or conflicts with your existing Will could create problems for your executors and beneficiaries.

A solicitor can help to:

• Identify whether a codicil or new Will is more appropriate.
• Ensure the wording accurately reflects your wishes.
• Check that the amendment does not conflict with your existing Will.
• Ensure the document is correctly executed.
• Reduce the risk of future disputes or uncertainty.

For many people, professional advice provides valuable peace of mind that their wishes will be clearly understood and properly recorded.

What are the risks of a DIY codicil?

While it may seem straightforward to make a codicil yourself, there are potential risks.

Problems can arise if:

• The wording is ambiguous or unclear.
• The codicil does not properly refer to the original Will.
• The correct signing and witnessing procedures are not followed.
• The codicil conflicts with provisions in the original Will.
• Multiple codicils make it difficult to establish your final wishes.

These issues can create uncertainty and, in some cases, lead to disputes, delays and additional costs for your loved ones.

Professional advice can help minimise these risks.

How often should you review your Will?

Your Will should be reviewed regularly to make sure it continues to reflect your circumstances and wishes.

It is also particularly important to review your Will following a major life event, such as:

• Marriage or civil partnership.
• Divorce or separation.
• The birth or adoption of a child.
• A significant change in your financial circumstances.
• The death of a beneficiary or executor.
• Changes in family circumstances.
• Receiving a substantial inheritance.
• Changes in your wishes regarding gifts or beneficiaries.

As a general rule, it is sensible to review your Will every few years, even if nothing significant has changed.

How Marlborough Law can help

At Marlborough Law, our experienced solicitors can help you determine whether a codicil or a new Will is the most appropriate option for your circumstances.

We can ensure your codicil is:

• Accurately drafted
• Clear and unambiguous
• Properly executed
• Consistent with your existing Will
• Reflective of your current wishes

Making sure your Will and any amendments are properly prepared can help avoid unnecessary complications for your loved ones in the future.

If you are considering changing your Will, contact Marlborough Law for advice on the best way to ensure your wishes are clearly and legally recorded.