How to Sign a Codicil Correctly

A codicil is a formal legal document used to amend, add to, or clarify provisions in an existing will without creating a completely new will. It allows a testator (the person who made the will) to make specific changes to their testamentary arrangements, such as altering beneficiaries, changing an executor, or updating gifts. A codicil does not replace the original will; once validly executed, it becomes part of the testamentary documents read alongside the will at the time of probate.

This article explains, step by step, how to sign a codicil correctly under the law of England and Wales, what legal requirements apply, common practical considerations, potential risks, and frequently asked questions.

Legal Basis: Requirements for a Valid Codicil

In England and Wales, the formalities for executing a codicil are set by the same legal framework that governs the execution of a will: principally Section 9 of the Wills Act 1837. To be valid, a codicil must satisfy all legal formalities required of a will.

The core formal requirements are:

• In writing: The codicil must be a written document. Verbal changes to a will are not recognised.
• Signed by the testator: The person making the codicil must sign it, or direct someone to sign on their behalf in their presence.
• Witnessed properly: Two independent adult witnesses must be present at the same time and witness the testator's signing. Each witness must then sign the codicil in the presence of the testator.
• Testamentary intent and capacity: The testator must intend the document to amend the will and must have testamentary capacity at the time of signing (understand what they are doing and the effect of the changes).

Failure to comply with these requirements can render the codicil invalid, meaning it will have no legal effect when the will is proved in the Probate Registry.

Step‑by‑Step: How to Sign a Codicil Correctly

1. Draft the Codicil Clearly

A codicil should:

• Identify the original will clearly (including the date of the will).
• Specify precisely what changes or additions are being made.
• Be drafted in clear language to avoid ambiguity.

Ambiguous or poorly drafted codicils can increase the risk of disputes or misinterpretation at the time of probate.

2. Print the Codicil Document

A codicil must be in hard copy form to be valid. Electronic signatures or online execution do not satisfy the formal requirements under current law.

3. Sign the Codicil

The testator should:

• Sign at the end of the codicil using their usual signature or mark.
• Use their usual signature to avoid questions about authenticity.
• If the codicil has more than one page, it is good practice to initial each page to confirm that it is part of the same document.

If the testator cannot sign due to physical disability, another person may sign on their behalf in their presence and at their direction.

4. Witness the Signing

Two independent witnesses must:

• Be present at the same time to observe the testator signing or acknowledging the signature.
• Understand that they are witnessing the execution of a codicil.
• Sign the codicil in the testator's presence.
• Provide their full name, address, and occupation on the document (recommended for evidential purposes).

Independence of witnesses is important: a beneficiary under the original will or the codicil, or the spouse/civil partner of a beneficiary, should not act as a witness, as this can risk invalidating gifts to them.

5. Store the Codicil with the Original Will

Once executed correctly:

• Keep the codicil together with the original will and any previously executed codicils.
• Do not attach the codicil physically to the will, as attempting to physically alter the original will can invalidate it.
• Inform the executor(s) where the codicil is stored to ensure it is found when needed.

Practical Considerations and Risks

When a New Will Might Be Preferable

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

• Changing an executor.
• Updating a specific gift.
• Adding a small legacy.

However, if multiple or significant changes are needed, drafting a new will is often clearer and reduces the risk of confusion, inconsistency, or dispute. Multiple codicils can create interpretative difficulties for executors and beneficiaries.

Risk of Invalidity

A codicil that is not executed correctly may be treated as invalid at the time of probate, meaning the changes will not be recognised. Common execution errors include:

• Incorrect witnessing procedures.
• Use of beneficiaries as witnesses.
• Failure to sign or date properly.

Common Questions

Do witnesses have to be the same as those for the original will?

No. Witnesses for a codicil do not have to be the same individuals who witnessed the original will.

Can I add several codicils?

Yes. There is no legal limit on the number of codicils you may prepare. However, having multiple codicils can create practical challenges in interpretation and increase the risk of errors.

Can a codicil be handwritten?

Yes. A codicil may be handwritten, typed, or professionally drafted so long as it is in writing and otherwise meets all formal execution requirements.

Key Takeaways

A codicil is a useful legal document for making limited changes to an existing will. To sign a codicil correctly in England and Wales:

1. Draft the codicil clearly, identifying the original will and the changes.
2. Ensure the codicil is in writing.
3. The testator must sign the codicil in the presence of two independent witnesses.
4. The witnesses must sign in the presence of the testator.
5. Store the codicil securely with the original will.

Complying with these formalities is essential to ensure the codicil is legally valid and effective in giving effect to the testator's intentions. If in doubt, consider professional legal assistance, especially for complex changes.