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A codicil is a legal document that amends, adds to, or partially revokes provisions in an existing will. It must be executed with the same formalities as a will (signed by the testator in the presence of two independent witnesses) to be legally valid.

Appropriate Uses for Codicils:

• Changing executors or trustees - Appointing new executors if original choices are unavailable, unwilling, or deceased
• Adding or removing specific gifts - Leaving additional items or cash legacies to beneficiaries, or removing gifts that no longer exist
• Updating addresses or names - Reflecting beneficiaries' changed names (after marriage) or addresses
• Appointing new guardians - Changing guardian appointments for minor children if circumstances change
• Small monetary adjustments - Increasing or decreasing cash legacies to reflect current financial circumstances
• Adding charitable legacies - Including new charitable donations without redrafting the entire will
• Correcting minor errors - Fixing typographical errors or clarifying ambiguous wording in the original will

When NOT to Use a Codicil (Write New Will Instead):

• Major beneficiary changes - Completely changing who inherits the residuary estate (everything left after specific gifts)
• Multiple amendments - If you've already made 1-2 codicils, make a new will instead of adding a third - multiple codicils create confusion
• Marriage or divorce - These events have automatic legal effects on wills; write a new will to clarify your intentions
• Complex tax planning changes - Alterations to trust structures or inheritance tax planning require complete will redrafting
• Substantial estate changes - If your assets have significantly increased or decreased, redraft the will entirely
• Comprehensive revisions - If you're changing more than 2-3 clauses, a new will is clearer and reduces probate confusion

Legal Requirements:

Under the Wills Act 1837, codicils must be:

• In writing
• Signed by the testator (will-maker) or by someone in their presence and at their direction
• Signed in the presence of two witnesses present at the same time
• Witnessed by two independent adults (not beneficiaries or spouses of beneficiaries)
• Clearly reference the original will by date and testator name

Our codicil template is professionally drafted to meet all Wills Act 1837 requirements and includes clear execution instructions.

Legal and Financial Risks:

• Invalidating the entire will: Writing on or crossing out parts of your original will invalidates those changes (and potentially the entire will if extensive). Alterations must be initialled by you and both witnesses to be valid - most people don't know this, making their changes legally ineffective.
• Unwitnessed amendments have no effect: Simply writing a note stating "I want to change my will to leave £5,000 to John" has zero legal effect if not properly witnessed. Courts cannot enforce unwitnessed will amendments, no matter how clear your intentions.
• Creating ambiguity and disputes: Poorly worded amendments create uncertainty about your intentions, leading to expensive probate disputes between beneficiaries. Contentious probate litigation costs £30,000-£100,000+ and can take years to resolve.
• Partial intestacy: If amendments accidentally remove all residuary beneficiaries without naming replacements, part of your estate passes under intestacy rules to potentially unintended recipients.
• Losing tax benefits: Amateurish codicils can accidentally disrupt carefully-structured inheritance tax planning worth hundreds of thousands in tax savings.
• Witness beneficiary rule: If a witness to your codicil (or their spouse) is a beneficiary under the will or codicil, they forfeit their inheritance entirely - many people lose inheritances this way.
• Probate delays and increased costs: Confusing or contradictory codicils delay probate (the legal process of administering estates), increasing solicitors' fees by £3,000-£10,000+ while executors try to interpret conflicting provisions.
• Mental capacity challenges: Poorly executed codicils invite challenges that you lacked mental capacity when making amendments - courts can declare invalid codicils worthless, reverting to the original will.

Common Amateur Mistakes:

Crossing out clauses in the original will (invalid), writing changes in margins without proper attestation, using only one witness, having beneficiaries witness the codicil, failing to clearly reference the original will, contradicting rather than supplementing will provisions, making extensive changes better suited to new will, storing the codicil separately from the will (executors never find it), and using ambiguous language that creates multiple interpretations.

A properly-drafted £10 codicil prevents £30,000-£100,000+ in probate disputes, legal challenges, and unintended distributions.

Comprehensive Codicil Document:

• ✓ Clear identification of testator (will-maker)
• ✓ Precise reference to original will (by date)
• ✓ Declaration of codicil status
• ✓ Confirmation of continuing mental capacity
• ✓ Amendment clauses: - Adding new specific gifts or legacies - Removing or replacing existing gifts - Changing executor appointments - Updating guardian appointments - Modifying trustee provisions - Adjusting legacy amounts - Substituting beneficiaries
• ✓ Ratification clause (confirming all other will provisions remain valid)
• ✓ Revocation of conflicting provisions
• ✓ Proper attestation clause
• ✓ Witness signature section with legal requirements
• ✓ Execution guidance notes
• ✓ Instructions for storing with original will
• ✓ Plain English explanations of all clauses
• ✓ Checklist of execution requirements
• ✓ Guidance on when to use codicils vs new wills

Professionally drafted to comply with the Wills Act 1837 and recognized by all UK probate registries.

Don't Make These Critical Errors:

• Improper execution: Codicils require the same formalities as wills - signed by you in the presence of two witnesses who are both present at the same time. Single witness execution or witnesses signing separately makes the codicil invalid.
• Beneficiaries as witnesses: Anyone who benefits from the codicil (or their spouse) cannot be a witness - if they witness it, they lose their inheritance entirely. This rule catches many people unaware.
• Not referencing original will clearly: Codicils must specifically identify which will they're amending (by date and testator name). Vague references like "my will" without dates create ambiguity if multiple wills exist.
• Contradicting rather than supplementing: Poorly worded codicils that contradict the original will create confusion - amendments should clearly state whether they're "in addition to" or "instead of" original provisions.
• Too many codicils: After 2-3 codicils, the combination of will plus multiple amendments becomes confusing. Write a new will instead - clearer for executors and reduces probate disputes.
• Attempting major changes: Codicils suit minor amendments only. Trying to restructure your entire estate distribution via codicil creates confusion and interpretation problems - write a new will.
• Failing to store with original will: If executors don't know the codicil exists or can't find it, your amendments won't be implemented. Store the codicil attached to or with your original will.
• Not informing executors: Tell your executors that you've made a codicil so they know to look for it after your death.
• Making handwritten changes to the codicil: Once executed, codicils cannot be altered by crossing out or writing on them (just like wills). Changes require another codicil or new will.
• Using after marriage or divorce: Marriage automatically revokes wills (except those made "in contemplation of marriage"). Divorce revokes appointments of ex-spouses as executors/beneficiaries. After these life events, write a new will rather than using codicils.
• Ambiguous wording: Phrases like "I want to give something to John" or "I change my will to benefit Mary" are legally meaningless - codicils must specify exactly what's being added, removed, or changed.
• Not ratifying remaining provisions: Codicils must confirm that all other will provisions remain unchanged - without this ratification clause, courts may wonder if you intended to revoke the entire will.
• Losing mental capacity timing: Codicils require mental capacity at execution. If you lack capacity when signing, the codicil is invalid - get medical capacity assessments if there's any doubt.
• Accidentally revoking tax planning: Complex wills with inheritance tax trusts need careful amendment - codicils that accidentally disturb trust structures can cost estates hundreds of thousands in unnecessary tax.

Our professionally-drafted codicil template prevents these expensive errors with clear, legally-compliant wording and comprehensive execution guidance.