Definition
A codicil is a legal document that makes specific changes to an existing will without replacing the entire will, though modern practice generally favours writing a new will instead.
While codicils are legally valid under the Wills Act 1837, they create risks around storage, interpretation, and potential disputes that digital-age alternatives like updated wills avoid entirely.
What Does Codicil Mean?
Under English and Welsh law, a codicil is a separate legal document that modifies, adds to, or revokes certain provisions of an existing will. The term derives from the Latin "codicillus," meaning "short additional text." Governed by Section 9 of the Wills Act 1837, codicils must be executed with exactly the same formalities as wills—signed by the testator (the person making the will) in the presence of two independent witnesses who also sign. The codicil becomes an integral part of the original will and must be stored with it, though not physically attached, as attachment can invalidate the will.
Historically, codicils served an important practical purpose: avoiding the expense and time of rewriting an entire will in the typewriter era. People commonly used codicils for minor changes like appointing a new executor after the original one died, updating a small gift amount, or adding a beneficiary. For example, Sarah made her will in 1995 naming her sister as executor. When her sister passed away in 2000, Sarah used a codicil to appoint her daughter instead. Similarly, David's will left £5,000 to his nephew, but a codicil later increased this to £8,000 after David received an inheritance. The execution process requires the same legal formalities as the original will: the testator must have testamentary capacity, sign the written codicil at the end of the document, and have two independent witnesses (who cannot be beneficiaries or married to beneficiaries) sign in the testator's presence.
However, modern technology has fundamentally changed this equation. Computers and word processors eliminated the time-saving benefit of codicils, and the cost savings prove largely illusory—solicitors typically charge £30-£70 for a codicil but must review the entire will anyway to ensure changes don't create conflicts. A new will costs £150-£500, often only marginally more than a codicil for the solicitor's time involved. More importantly, codicils create significant risks: the separate document can be lost or separated during storage, multiple codicils create confusion during probate, and contradictions between the will and codicil(s) increase dispute likelihood among beneficiaries. An improperly executed codicil can invalidate not just the amendment but potentially the entire will. For these reasons, most legal professionals now recommend writing a new will that explicitly revokes all previous wills and codicils, providing one clear, comprehensive document that eliminates ambiguity and storage risks.
Common Questions
"Can I use a codicil instead of making a new will?" While you legally can use a codicil for minor changes, most solicitors now recommend writing a new will instead. Codicils create risks of confusion, storage problems, and disputes during probate. In the digital age, there's no time or cost advantage to justify these risks for most changes.
"Do I need a solicitor to make a codicil?" You don't legally need a solicitor to create a codicil, but it must meet strict legal requirements: signed by you in the presence of two independent witnesses (who cannot be beneficiaries) who then also sign. However, any mistake in drafting or execution can invalidate not just the codicil but potentially your entire will, making professional advice strongly recommended.
"My mum's will from 1985 has three codicils attached—is this normal?" This was common practice in the past when retyping entire wills was time-consuming and expensive. However, multiple codicils can make it harder to understand the testator's final wishes and increase the risk of contradictions. If your mother is still living and has capacity, she should consider replacing all these documents with one new comprehensive will.
Common Misconceptions
Myth: A codicil is always cheaper and faster than making a new will.
Reality: This was true in the typewriter era but is no longer accurate. Solicitors typically charge £30-£70 for a codicil and must review your entire will anyway to ensure the changes don't create conflicts. Modern word processors make creating a new will just as fast, and many online will services offer unlimited updates for around £10 per year. The false economy of a codicil can lead to significantly higher costs if it causes probate disputes later.
Myth: I can just write changes directly on my will instead of using a codicil.
Reality: Writing directly on a will (crossing out, adding text, initialing changes) does not create valid amendments in UK law. Such alterations are presumed to have been made after execution and are ignored unless you can prove they were made before the will was signed. Any changes to a will must be made either through a properly executed codicil (signed and witnessed like a will) or by creating an entirely new will that revokes the old one.
Related Terms
Understanding Codicil connects to these related concepts:
- Will: A codicil modifies an existing will and cannot exist without one—it's a supplementary legal document that amends specific provisions while keeping the rest of the will intact.
- Revocation: While a codicil partially modifies a will, revocation completely cancels it. Making a new will typically includes a revocation clause that cancels both the old will and any codicils.
- Execution: The formal signing process that makes a codicil legally valid. Codicils require the same execution formalities as wills under Section 9 of the Wills Act 1837.
- Witness: Two independent witnesses over 18 must sign a codicil in the testator's presence. Witnesses cannot be beneficiaries or married to beneficiaries.
Related Articles
- Article on Will Amendments: Understanding will amendments and when to update your estate plan helps you decide whether a codicil (rarely recommended) or a new will (modern best practice) is appropriate for your situation.
- Article on Will Execution: Learn the technical legal requirements for both wills and codicils, including signature and witnessing formalities under the Wills Act 1837 that protect your documents from being invalidated.
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Legal Disclaimer: This glossary entry provides general information about UK legal terminology under English and Welsh law and does not constitute legal advice. For advice specific to your situation, consult a qualified solicitor.