Codicil to a Will
If you need to make a minor change to your Will, a Codicil is the legal document to do it. Our SRA-regulated solicitors can draft a legally binding Codicil to ensure your updated wishes are valid, preventing the risk of invalidating your entire Will.
When is a Codicil the Right Choice?
A codicil is a formal legal document used to make minor amendments to your Will. For major changes, creating a new Will is always the safer and clearer option. Our solicitors will provide expert advice on the best route for your specific circumstances.
Use a Codicil for Minor Changes
- Changing an executor or guardian
- Adding or removing a small cash gift (legacy)
- Making a minor alteration to an existing clause
- Clarifying a specific point
Make a New Will for Major Changes
- Getting married or entering a civil partnership
- Getting divorced or separating
- Changing the main beneficiaries of your estate
- Making numerous or complex amendments
Real UK Case Study: The Danger of an Incorrect Codicil
Barrett v Bem [2012]
The Situation: A man made a Will leaving his estate to his sister. He later made a homemade codicil to leave a house to his nieces, but it was witnessed by one of the beneficiaries' husbands.
The Problem: Under the Wills Act 1837, a beneficiary (or their spouse) cannot be a witness to a Will or Codicil, as it invalidates the gift to them. The family argued that the man's intention was clear.
The Outcome: The Court of Appeal ruled that the strict witnessing rules must be followed. The gift in the codicil failed completely, and the nieces received nothing from the house. The sister inherited everything as per the original Will.
What this means for you: A codicil is not an informal note; it is a formal legal document with strict rules. A small mistake can completely defeat your intentions. Our solicitors ensure your codicil is drafted and witnessed correctly, guaranteeing its validity.
Our Simple 3-Step Process for a Codicil
1. Consultation
We hold a confidential meeting to discuss your desired changes and confirm that a codicil is the appropriate legal tool for your situation.
2. Professional Drafting
Our expert solicitors draft the codicil with precise legal language to ensure it clearly amends your existing Will without creating any ambiguity.
3. Signing & Witnessing
We guide you through the formal signing and witnessing process to ensure your codicil is legally valid and binding.
"They Made a Small Change Seem Simple and Stress-Free"
Your Questions About Codicils
Yes, absolutely. A codicil must be signed and witnessed with exactly the same legal formalities as a Will. This means you must sign it in the presence of two independent witnesses, who must then both sign it in your presence. Any mistake in this process will make the codicil invalid.
The cost for a professionally drafted codicil is very reasonable and is significantly less than the cost of a full new Will. We work on a fixed-fee basis for this service and will provide you with a clear, written quotation for your approval before any work begins.
A codicil must be stored safely with your original Will. It does not replace your Will, it is read alongside it. If the codicil is lost or becomes separated from the Will, your executors will not know about the changes, and your original, un-amended wishes will be followed.
Ensure Your Changes Are Legally Binding
Don't risk your legacy with a DIY amendment. Let our expert solicitors provide the clarity and security you need for a fixed fee.
Request a Callback to Get StartedBook your initial consultation with our Wills & Probate Solicitors in Birmingham. Freephone 0330 333 8797, request a callback or email info@wildings-solicitors.co.uk for specialist advice.
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