Updated: December 2025 • Based on UK Law

What Is a Codicil to a Will?

A codicil is a legal document that amends an existing will without replacing it entirely. It must be signed and witnessed under the Wills Act 1837 to be valid. Codicils allow minor changes to wills, but substantial alterations typically require a new will instead.

This guide covers Wills Act 1837 requirements, witnessing rules, probate dispute risks, and when to use a new will, with a free codicil checklist.

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Quick decision:

One small change (executor, guardian, small gift)? A codicil is usually fine.
Changing who gets the estate, removing someone, or multiple edits? Write a new will instead.
More than 1–2 codicils already? Rewrite the will — too many codicils increase dispute risk.

When Should You Use a Codicil?

A codicil is suitable for minor, straightforward changes such as:

- Adding a new executor: Appointing an additional or replacement executor

- Changing a guardian: Updating who would care for your children

- Adding a small gift: Leaving a specific item or cash amount to someone new

- Updating beneficiary details: Correcting names, addresses or descriptions

- Increasing a legacy: Raising a cash gift amount

- Adding a charity: Including a charitable donation

Codicils work best when you’re making one or two simple changes and your will is otherwise up to date.

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When Should You Write a New Will Instead?

For major changes, a new will is almost always better than a codicil:

- Changing how your estate is divided: Altering the main distribution of assets

- Removing a beneficiary: A codicil would show they were previously included

- Getting married: Marriage automatically revokes your will in England and Wales

- Getting divorced: You should review and rewrite your entire will

- Multiple changes needed: More than one or two codicils creates confusion

- Will is over 5 years old: Laws and circumstances may have changed

- Complex changes: Anything involving trusts or conditional gifts

Multiple codicils create confusion and increase the risk of disputes. Solicitors frequently see cases with four or five codicils where the same clause has been amended multiple times — leading to uncertainty about the testator’s final wishes.

Legal Requirements for a Valid Codicil

A codicil must meet the same requirements as a will under the Wills Act 1837:

- The testator must be 18 or over

- The testator must be of sound mind (have mental capacity)

- The codicil must be in writing

- It must clearly state it is a codicil to your existing will

- It must reference your will by date

- The testator must sign in the presence of two witnesses

- Both witnesses must sign in the testator’s presence

- Witnesses cannot be beneficiaries named in the codicil (or their spouses)

Important: The witnesses do not need to be the same people who witnessed your original will. However, if a witness (or their spouse) is named as a beneficiary in the codicil, their gift becomes invalid.

Use our Free Codicil Compliance Checklist to ensure your codicil meets all legal requirements.

An Improperly Executed Codicil Can Invalidate Your Entire Will

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What Must a Codicil Contain?

A valid codicil should include:

- Declaration: A statement that this is a codicil to your will

- Reference to original will: The date your will was made

- Your full name and address: Must match your will

- Clear amendments: Exactly what you are adding, changing or revoking

- Confirmation clause: A statement that all other provisions of your will remain unchanged

- Your signature: Signed and dated

- Witness details: Names, addresses and signatures of both witnesses

The wording must be precise. Any ambiguity can lead to disputes between beneficiaries and potentially invalidate the changes you intended to make.

How to Store a Codicil

Your codicil must be stored with your original will — they must be read together. However:

- Do not attach it to your will: Keep them together but not stapled or clipped

- Store securely: Same location as your will (safe, solicitor, or Probate Service)

- Tell your executor: Make sure they know the codicil exists and where to find it

A lost codicil cannot take effect. If your executors don’t know it exists, or can’t find it, your will is administered as if the codicil was never made.

You can lodge your will and codicil with the HM Courts and Tribunals Service (Probate Service) for safekeeping.

Common Mistakes with Codicils

- Writing on the original will: Any alterations made directly to a signed will are presumed invalid

- Not having witnesses: A codicil without proper witnessing is not legally valid

- Using a beneficiary as witness: This invalidates their gift in the codicil

- Unclear wording: Ambiguous changes lead to disputes and potential litigation

- Contradicting the will: If the codicil conflicts with the will, courts must interpret intent

- Not referencing the will date: The codicil must clearly identify which will it amends

- Making too many codicils: Multiple amendments create confusion — write a new will instead

- Storing separately from the will: A codicil that can’t be found has no effect

Can You Revoke a Codicil?

Yes. You can revoke a codicil by:

- Making a new codicil: That specifically revokes the previous one

- Making a new will: Which should state it revokes all previous wills and codicils

- Destroying the codicil: With clear intention to revoke it (burning, tearing up)

If you make a new will, always include a clause stating it “revokes all previous wills and codicils” and physically destroy the old documents.

Codicils and Mental Capacity

A codicil can be useful when mental capacity is a concern. Someone may have sufficient capacity to make a small, isolated change (such as adding a charity legacy) even if they lack capacity to make a complete new will.

However, the testator must still understand:

- The nature of making a codicil

- The effect of the changes being made

- The extent of their estate

- Any claims people might have on their estate

If there is any doubt about capacity, seek medical evidence and legal advice before proceeding.

Free Will Planning Resources

Before making your codicil, use these free tools:

- Free Codicil Compliance Checklist — ensure your codicil meets all legal requirements

- Free Will Review Checklist — check if your will needs updating

- Free Asset Inventory Worksheet — list everything you own and owe

- Free Executor Information Pack — help your executor understand their role

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The Truth About “Free” Legal Template Sites

Most websites offering a “free legal template” follow the same pattern:

- You click because it’s advertised as free

- You spend 10–15 minutes answering questions

- At the very end, you must create an account or start a “free trial”

- Your card is required upfront

- The subscription auto-renews at £29–£39 per month

This isn’t a free template — it’s a subscription funnel. Many people only realise after being charged £300–£400 over the year.

Why These “Free” Templates Are a Legal Risk

- Outdated wording: not aligned with current UK law

- Missing mandatory clauses: required for legal validity

- No compliance guidance: leaving users without legal context

- No structured checklist: no way to verify the document works

- Not kept updated: often unchanged when legislation changes

One incorrect clause can weaken or invalidate the entire document.

Hidden Problem: Many “Free Template” Sites Aren’t Even UK-Based

Another major issue is that many free or auto-subscription template sites operate outside the UK and use documents originally drafted for the US legal system. These are then loosely adapted for “international use,” which creates serious problems: