This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn how to change or update a will in England and Wales, including using a codicil for minor amendments, creating a new will to replace earlier documents, legal formalities for signing and witnessing, and practical steps to ensure your estate plan remains valid.
A will is a vital legal document that records how a person's estate should be handled after death. Life circumstances, financial arrangements and family relationships change over time. Updating a will ensures that it continues to reflect the will‑maker's intentions and complies with legal requirements. In England and Wales, changing a will involves defined legal procedures; informal alterations to the original document are not valid. This article explains the options for updating a will, the legal formalities involved, practical considerations, and common questions about the process.
When and Why You Should Review Your Will
It is generally recommended to review your will every few years or after significant life events, such as:
- Getting married or entering a civil partnership (which can automatically revoke a previous will unless specific provisions were included).
- Getting divorced or dissolving a civil partnership.
- Having children or adopting.
- Purchasing property, inheriting assets, or significant changes in financial affairs.
- The death of an executor or beneficiary named in the will.
- Major changes in family circumstances or health.
A review helps ensure that the document continues to reflect your current wishes and reduces the risk of disputes or unintended outcomes. If you do not update an outdated will, the estate may not be distributed as you intend.
Legal Options to Change or Update a Will
In England and Wales, you generally cannot amend the original will document by writing on it or making informal additions. The law requires formal procedures to ensure validity. The two main legal options are:
- Use a codicil to amend the existing will.
- Make a new will that replaces the old one.
Each option has different purposes and legal implications.
Using a Codicil to Change Your Existing Will
What Is a Codicil?
A codicil is a formal document that amends or adds to an existing will. It does not replace the will but modifies specific parts. It must refer to the original will and clearly state the changes.
When to Use a Codicil
Codicils are generally appropriate for small or specific changes, such as:
- Changing an executor or trustee.
- Updating a beneficiary's name or address.
- Adding a small legacy or removing a gift.
- Clarifying a particular provision.
For multiple or substantial changes, a new will is usually clearer and safer.
Legal Formalities for a Codicil
A codicil must meet the same execution requirements as a will:
- It must be in writing.
- The testator must sign it with the intention of making the change effective.
- The signature must be made in the presence of two independent adult witnesses, who must also sign.
- Witnesses should not be beneficiaries under the codicil (or spouses/civil partners of beneficiaries), as this can affect the validity of gifts to them.
Both the original will and any codicils should be kept together to ensure they are found and interpreted as one testamentary scheme.
Creating a New Will
When to Make a New Will
A new will replaces all previous testamentary documents and should contain a clause that clearly revokes earlier wills and all codicils. This option is usually preferred when:
- There are extensive changes to beneficiaries or gifts.
- The structure of the estate plan requires a comprehensive rewrite.
- Multiple codicils have already been added, making interpretation complicated.
- Life changes make a fresh document clearer and more consistent.
Formal Requirements for a New Will
A new will must comply with the same formalities required for any valid will in England and Wales:
- Written document, signed by the testator.
- Signed in the presence of two independent adult witnesses who then attest and sign.
- The document should contain an express revocation clause to cancel previous wills and codicils.
- It is advisable to destroy the old will and any copies to prevent confusion about which document is operative.
- Inform executors and other relevant people where the updated will is stored.
Practical Considerations and Risks
Choosing Between a Codicil and New Will
- Codicils can be useful for minor, simple changes but can create complexity if multiple codicils accumulate.
- A new will tends to offer clarity and ease of administration, particularly for significant revisions.
- In practice, many legal advisers recommend a new will if the update affects multiple aspects of the estate plan.
Record Keeping
Keeping all testamentary documents together (the original will and any codicils) reduces the risk of documents being lost or misinterpreted. Executors and family members should be informed of the location of these documents.
Professional Advice
While it is possible to draft a codicil or a new will without professional assistance, mistakes can lead to invalidity or unintended outcomes. Legal professionals can advise on the most appropriate approach and ensure compliance with formal requirements, especially where estates are complex or disputes are a possibility.
Common Questions from our Readers
Can I Just Add a Note to My Will?
No. Informal markings, handwritten notes or initials added to an existing will are not valid to make a legal change. Any alteration must be reflected in a codicil or a new will and executed with the required witnessing formalities.
What Happens to the Old Will After Updating?
A new will containing a revocation clause should supersede and cancel previous wills and codicils. It is good practice to destroy old documents to prevent confusion. However, a properly drafted revocation clause is legally primary.
Do I Need New Witnesses for a Codicil?
Yes. The codicil must be signed in the presence of two independent witnesses who also sign, regardless of whether they witnessed the original will. Failure to comply with these formalities can invalidate the codicil.
Key Takeaways
Changing or updating a will in England and Wales requires adherence to strict legal procedures. Options include:
- Using a codicil for minor amendments (executed and witnessed like a will).
- Drafting a new will to replace prior documents and clearly revoke them.
Both approaches require formal execution and careful attention to legal requirements. Regular review of your will ensures it reflects current wishes and avoids unintended consequences. Seeking professional guidance reduces the risk of errors and helps ensure that your estate is administered as intended.
