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 make a codicil to a will in England and Wales. This comprehensive guide explains what a codicil is, when it is appropriate, the legal requirements for validity, how to prepare and execute one step by step, potential risks, and common questions answered.
A codicil is a legal document used to amend an existing will without needing to draft a completely new will. It can be a practical and cost‑effective way to make minor changes, such as updating a beneficiary's details, changing an executor, or adding a small gift, while leaving the rest of the original will intact. However, codicils must meet the same strict legal requirements as wills to be valid, and there are risks if they are not prepared and executed correctly. This article explains what a codicil is, when it might be appropriate, how to make one step by step, potential pitfalls to avoid, and answers to common questions under the law of England and Wales.
What Is a Codicil and Why Use One
A codicil is a written legal document that modifies, adds to, or clarifies the terms of an existing will. It does not replace the original will, but once properly executed, it becomes an integral part of it. Codicils can be useful for small adjustments without drafting an entirely new will.
Examples of changes often made by codicils include:
- Updating the name of an executor.
- Adding or removing a beneficiary.
- Changing provisions for specific gifts.
- Clarifying funeral arrangements or charitable legacies.
There is no legal limit to the number of codicils you can make, but multiple codicils increase the risk of inconsistencies and confusion when the estate is administered. For major changes, a new will is generally recommended.
Legal Requirements for a Valid Codicil
In England and Wales a codicil must satisfy the same formal requirements as a will under the Wills Act 1837:
- It must be in writing. Oral or verbal amendments are not legally binding.
- It must clearly reference the existing will - ideally by date and title - and specify exactly what provisions are being amended.
- The testator (the person making the codicil) must sign it at the end of the document.
- Two independent witnesses must witness the signature and also add their signatures. A witness should not be a beneficiary of the will or the codicil.
- Testamentary capacity must be present - the testator must understand the nature and effect of the codicil.
The witnesses do not have to be the same individuals who witnessed the original will, but they must satisfy the same independence requirements.
When a Codicil Is Appropriate
A codicil is most appropriate for minor amendments rather than broad restructures of your estate plan. Useful situations include:
- Changing the appointment of an executor.
- Adding a specific bequest (for example, a legacy to a friend or charity).
- Correcting minor errors or updating personal details.
If you need to make multiple extensive changes, such as revising the overall distribution of your estate, excluding or adding several beneficiaries, or reworking complex trust arrangements, then preparing a new will is usually a clearer and safer option.
Step‑by‑Step Guide to Making a Codicil
1. Identify the Specific Amendments Required
Before drafting, clearly list the changes you want to make to your existing will. A codicil should explicitly state the original will it relates to and describe each amendment in precise terms. This reduces the risk of ambiguity or misinterpretation.
2. Prepare the Codicil Document
Write the codicil with a heading indicating it is a codicil to your existing will. State your full name and address, the date of the original will, and detail each amendment. This might include:
- Which clauses are altered, added, or removed
- New beneficiary details
- Changes to executor or trust arrangements
3. Sign the Codicil in the Presence of Two Witnesses
You must sign the codicil in front of two independent adult witnesses who must not be beneficiaries under the will or the codicil itself. Those witnesses then sign in your presence, just as they would for a will.
4. Store the Codicil with the Original Will
Keep the codicil together with the original will in a secure place, such as a solicitor's office, bank safe or another secure storage location. Executors and beneficiaries should be informed about the amendment and where the documents are held.
5. Review Regularly
Regularly review both the will and any codicils after major life events (marriage, divorce, birth of children, etc.) to ensure they remain aligned with your wishes.
Risks and Pitfalls to Avoid
While codicils can be useful, they carry certain risks:
- Multiple codicils can conflict with each other or with the original will, leading to ambiguity.
- If a codicil is not executed correctly (for example, without proper witnessing), it may be invalid, and your will may remain unchanged.
- Codicils may be misplaced or overlooked during probate if not stored properly with the original will.
- Significant changes to your estate plan are often clearer and less prone to dispute when made via a new will rather than a codicil.
Common Questions About Codicils
Can I add more than one codicil?
Yes, there is no legal limit to how many codicils you can attach to a will, but having many increases the complexity and risk of contradictions.
Do codicils need to be witnessed in the same way as a will?
Yes. A codicil must be signed and witnessed under the same formal requirements as a will to be valid.
Is it better to create a new will instead of a codicil?
For major revisions or after significant life changes, revising your will entirely is usually clearer and less prone to legal disputes.
Key Takeaways
A codicil is a legally recognised way to amend an existing will without drafting a completely new document. To be valid in England and Wales, a codicil must be written, signed, witnessed and specific about the changes to the original will. It is best suited for minor adjustments and should be stored securely with the will it modifies. While codicils can save time and expense for small updates, drafting a new will may be more appropriate for major changes to ensure clarity and avoid complications during the probate process.
