Updating your Will is one of the most important steps you can take to ensure your wishes are honoured, especially as life changes. But when those changes come along, you might wonder: should you add a codicil to your existing Will, or start afresh with a new Will?
What is a codicil?
A codicil is a separate legal document that amends an existing Will. It must be signed, dated, and witnessed by an independent witness, just as the original Will was. Once properly executed, the codicil becomes part of your testamentary instructions and any changes specified in it override the corresponding parts of the original Will. Typical uses for a codicil include:
- Changing a beneficiary’s name (for example because of a marriage or divorce).
- Changing executors or guardians.
- Correcting minor errors or changes such as updated addresses.
When a codicil makes sense
A codicil can be the right choice when you only need to make modest changes. It is especially useful when your overall intentions remain the same, you simply want to update a detail or two, rather than overhaul everything. If the change is narrow in scope, a codicil usually accomplishes the purpose without unnecessary complexity.
But codicils come with caveats. Although codicils are legally valid and convenient, they are not risk-free. Some of the drawbacks to consider are:
- If not drafted or executed correctly, a codicil can be invalid, or worse, it might unintentionally revoke part (or all) of your Will.
- Having multiple codicils over time can create confusion. Executors or beneficiaries may struggle to follow which document applies, particularly if codicils are lost or misfiled.
- A codicil does not automatically prompt a full review of your circumstances, so you might miss out on other beneficial updates (for example changes in legislation, inheritance tax planning, or major life events).
- There is no limit on how many codicils you can have, but too many can make administration harder and increase the risk of mistakes.
For these reasons, codicils tend to work best when used sparingly and only for straightforward changes.
When it’s better to write a new Will
If the changes you need are substantial, or your existing Will is outdated, complex, or riddled with codicils, a fresh start may be the safer option. You might choose to write a new Will if:
- You are making wide-ranging changes to beneficiaries, trusts, or the distribution of your estate.
- You have undergone major life events (marriage, divorce, birth of children/grandchildren, significant changes in assets).
- Your existing Will and codicils are confusing or may lead to disputes.
- You simply want the clarity and certainty that comes with a single, up-to-date document.
A new Will offers a ‘clean slate’: it revokes all previous Wills and codicils, consolidating your final wishes in one comprehensive document. That clarity can help reduce the risk of misinterpretation, legal challenge, or conflict among beneficiaries, especially if your circumstances have changed substantially.
At d and h we recommend reviewing your Will periodically, and especially after major life events, to ensure it remains accurate and effective.
How to decide what’s right for you
There is no one-size-fits-all answer. The decision depends on your personal circumstances, how much you need to change, and how clear you want your final Will to be.
If you’re unsure whether a codicil or a new Will is appropriate, a solicitor can help you weigh up the pros and cons, draft the document correctly, and ensure your testamentary wishes are clearly expressed.
If you’d like to review your existing Will or get help drawing up a new one, our team at d and h would be happy to assist.