Is a Codicil Legally Binding? When to Use One Instead of Rewriting Your Will

If you already have a will but need to make a small change, you may not need to rewrite the whole document. A codicil can be used to make certain amendments while leaving the rest of your existing will in place. But is a codicil legally binding in the UK? The answer is yes, provided it has been correctly prepared, signed and witnessed.

A codicil is a legal document that makes a change to an existing will. However, it is important to understand when a codicil is appropriate and when making a new will may be the better option.

What is a codicil?

A codicil is a separate document that makes an amendment to an existing will.

For example, you may want to:

• Change the executor named in your will
• Make a specific gift to someone
• Change the value or nature of a particular gift
• Make a small alteration to your wishes

Rather than replacing the entire will, a codicil allows you to make the specific change while keeping the rest of your existing will unchanged.

Your original will remains valid alongside the codicil, so both documents need to be kept safely together.

Is a codicil legally binding in the UK?

Yes. A codicil can be legally binding in the UK, provided it has been properly executed.

In England and Wales, a codicil must generally be signed and witnessed in the same way as a will. This means it should be signed by the person making the will in the presence of two witnesses, who then sign it in their presence.

If the correct legal formalities are not followed, the codicil may not have the intended legal effect.

It is therefore important not to assume that simply writing down a change to your wishes will legally amend your will.

When might a codicil be appropriate?

A codicil can be useful where the change you want to make is relatively straightforward and limited to one or two parts of your will.

For example, if your will names a particular person as an executor and you now want to appoint someone else, a codicil may be appropriate.

It can also be used where you want to make a specific gift without changing the wider arrangements contained in your will.

For relatively minor changes, a codicil can be a practical alternative to preparing an entirely new will.

When should you rewrite your will instead?

A codicil is not always the best option.

If you want to make several changes, your circumstances have significantly changed, or the changes affect several parts of your will, preparing a new will may be clearer and less likely to cause confusion.

You should also consider reviewing your will after significant life events, such as getting married or divorced, having children, moving home or experiencing a significant change in your financial circumstances.

Having multiple codicils alongside an older will can potentially make your wishes more complicated to interpret. A new will can bring everything together into one up-to-date document.

Can you have more than one codicil?

Yes. There is no fixed limit on the number of codicils you can make.

However, just because you can add multiple codicils does not necessarily mean that you should. If you have made several changes over time, it may be sensible to review your entire will and consider replacing it with a new document.

The aim should always be to make your wishes as clear as possible and reduce the potential for confusion when your estate is dealt with.

What happens to the original will?

A codicil does not normally replace your original will. Instead, it should be read alongside it.

This makes it particularly important to keep the original will and any codicils together and safely stored. Your executors will need to know about all relevant testamentary documents when dealing with your estate.

Get advice before making changes to your will

A codicil can be a useful way of making a relatively small change to your will without starting again from scratch. However, whether it is the right option will depend on your circumstances and the changes you want to make.

If you are considering changing your will, it is important to make sure that any amendment is properly prepared and legally valid.