A codicil can be a convenient way to update your will without needing to rewrite it entirely. However, it is crucial to use them carefully to avoid creating confusion or invalidating your will.
‘Codicils can be useful for minor updates, but they must be executed correctly to avoid unintended consequences,’ explains Associate, Foirell Robinson. ‘Even small errors can create ambiguity or disputes, so getting legal advice is essential to ensure your wishes are carried out properly. This will ensure that your intentions are clear and legally enforceable, protecting your estate and beneficiaries.’
What is a codicil?
A codicil is a legal document used to make amendments to an existing will. Rather than drafting an entirely new will, a codicil allows you to make specific changes while keeping the original will intact. It must be signed and witnessed in the same way as a will to be legally valid. Codicils can range from simple modifications, such as updating an executor, to more complex changes affecting multiple clauses in a will.
Codicils are particularly useful when you wish to make minor updates without the time and cost involved in drafting a completely new will.
When to use a codicil
Codicils are most appropriate for minor changes, such as:
- updating executors or trustees;
- changing a beneficiary’s name (e.g., due to marriage or divorce);
- making small gifts or legacies; or
- adjusting funeral wishes.
For more substantial changes – such as altering how the bulk of your estate is distributed, modifying residuary beneficiaries, or adding complex trust structures – it is usually better to create a new will to avoid complications.
Best practices when using a codicil
To minimise risks when using a codicil:
- ensure that it is signed and witnessed correctly, just like a will;
- clearly reference the original will by date, to avoid confusion;
- store the codicil securely alongside the original will to prevent separation;
- keep the number of codicils to a minimum to avoid inconsistencies;
- seek legal advice to confirm that the changes do not create unintended consequences; and
- regularly review your will and codicils to ensure they remain relevant and enforceable.
Pitfalls of using a codicil
While codicils can be a practical way to update a will, they come with risks which include:
- inconsistencies – multiple codicils can create confusion or contradict the original will, making it difficult to interpret your true intentions. In particular, later codicils may fail to reference all previous codicils, leading to inconsistencies. Over time, this can result in provisions that do not properly align, creating a risk of ambiguity or even invalidity if contradictions arise. The more codicils that exist, the greater the risk of them failing to dovetail together, which can complicate the probate process and increase the chances of a dispute.
- revocation of will terms – if a codicil is not carefully worded or cross referenced properly, it may unintentionally override key provisions of the will.
- risk of a dispute – unclear or improperly executed codicils can increase the likelihood of a legal challenge, particularly if beneficiaries feel disadvantaged.
- storage and safe custody issues – if a codicil is stored separately from the original will, there is a risk that it may not be found or considered during probate. If the will and codicil are mistakenly filed in separate places and only the will is located, the codicil may be overlooked. This could lead to an outdated will being administered, resulting in a loved one’s final wishes not being followed and a potential legal challenge.
Alternatives to codicils
In some cases, drafting a new will may be more effective than using a codicil. A new will:
- avoids confusion caused by multiple documents;
- ensures clarity and consistency in estate distribution;
- revokes all previous wills and codicils, reducing the risk of a dispute;
- allows a comprehensive review of all provisions to reflect current intentions and legal considerations; and
- provides an opportunity to fully reflect any changes in tax laws or personal circumstances that may impact your estate plan.
If you are making significant changes, particularly to the main beneficiaries or overall distribution of your estate, a fresh will is usually the best option.
How we can help
Our experienced team can help you:
- determine whether a codicil is suitable for your needs or if a new will is advisable;
- draft and execute codicils correctly to ensure they are legally binding;
- review your estate planning regularly to keep your will up to date;
- prevent potential disputes by ensuring clear and precise wording in your documents;
- arrange safe and secure storage for your will and codicils to ensure they are properly considered during probate; and
- provide comprehensive advice on how changes in tax and estate laws may impact your wishes.
For expert advice on updating your will contact Associate, Foirell Robinson, on 01634 828227.
Please note: This article is for general information only and does not constitute legal or professional advice.
