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.
Detailed guide to witnessing requirements for a codicil under the law of England and Wales. Learn who can act as witnesses, how many are needed, procedural steps, conflicts of interest, risks, and current legal standards for valid execution of a codicil.
A codicil is a formal legal document used to amend, add to, or clarify provisions in an existing will. It does not replace the original will but must be executed with the same legal formalities as a will to be legally valid. One of the most critical aspects of validity is the witnessing of signatures. This article explains the witnessing requirements for a codicil under the law of England and Wales, drawing on authoritative sources and current legal practice.
Why Witnessing Matters
Under the Wills Act 1837, the execution of both wills and codicils must meet strict formal requirements. If these formalities are not met, a codicil may be declared invalid by a court or tribunal. An invalid codicil will not amend the will and could result in the estate being distributed under earlier testamentary documents or under the rules of intestacy.
Legal Basis: The Wills Act 1837
The formal requirements for executing a valid will are set out in Section 9 of the Wills Act 1837. These same requirements apply to a codicil because it forms part of the testamentary documents and must satisfy the same statutory formalities. Broadly, the statute requires:
- The codicil must be in writing.
- The testator (the person making the codicil) must sign the codicil or acknowledge their signature.
- The signature must be made or acknowledged in the presence of at least two witnesses present at the same time.
- Each witness must then attest and sign the codicil.
Number of Witnesses Required
In England and Wales, a codicil must be signed in the presence of two independent witnesses. Both witnesses must be present at the same time to observe the testator's signature or the acknowledgment of that signature. After the testator's signature, each witness must sign the codicil in the presence of the testator.
The requirement that witnesses be present at the same time is fundamental. It ensures that each witness can confirm that they saw the testator indicating the document was intended to be a codicil by signing or acknowledging the signature.
Who Can Act as a Witness?
Age and Competence
A person acting as a witness must:
- Be at least 18 years old in England and Wales.
- Have the mental capacity to understand the importance of being a witness.
- Be physically present to observe the signing.
Physical presence is required; remote witnessing (for example, by video link) is not accepted for codicils executed after the expiry of temporary measures introduced during the COVID‑19 pandemic.
Independence and Conflicts of Interest
Witnesses should be independent of the codicil and the will. A witness must not be:
- A beneficiary under the original will or the codicil.
- The spouse or civil partner of a beneficiary.
- An executor of the will.
If a beneficiary or their spouse or civil partner acts as a witness, the gift to that person may fail, even though the codicil itself may remain valid. This consequence arises under Section 15 of the Wills Act 1837 as a matter of public policy to reduce conflicts of interest.
Other Considerations
There is no statutory list of prohibited witnesses beyond those with conflicts of interest, but practical considerations apply. For example, witnesses should be able to provide reliable evidence in future if required. Courts have indicated that people without capacity to give credible evidence (for example, due to cognitive impairment) may not be suitable witnesses.
The Signing Process
A typical witness procedure involves the following steps:
- The testator signs or acknowledges their signature on the codicil in the presence of both witnesses at the same time.
- After that, each witness signs the codicil.
- Ideally, each witness also notes their full name, address, and occupation on the document for future reference.
- All three parties should be physically present throughout the witnessing process.
A properly witnessed codicil must clearly show that the witnesses saw the testator's acknowledgement or signature. If any part of this process is omitted or flawed, there is a risk that the codicil will not be recognised by a Probate Registry or a court as validly executed.
Remote Witnessing: Current Position
Temporary legislation introduced during the COVID‑19 pandemic allowed wills and codicils to be witnessed remotely via video link. Those provisions were time‑limited and have now expired. Current law requires physical presence; remote video witnessing is not accepted after the expiry of those temporary arrangements.
Common Problems and Risks
Witnesses with Conflicts of Interest
If a beneficiary or an executor acts as a witness, that person's gift may fail. For example, if a witness is a beneficiary under the codicil, the gift to that beneficiary could be void, though the remainder of the codicil remains valid.
Improper Attestation
A codicil signed without proper attestation - for example, without two witnesses present at the same time - risks being declared invalid. This could lead to the original will being treated as unchanged, potentially undermining the testator's intentions.
Lack of Independent Evidence
In future probate proceedings, witnesses may be asked to confirm the circumstances of execution. If witnesses lack credibility or are unable to give evidence, this can complicate or delay the grant of probate.
Common Questions from our Readers
Do the witnesses have to be the same as those who witnessed the original will?
No. Witnesses for a codicil do not have to be the same individuals who witnessed the original will, provided they meet the statutory requirements.
Can a codicil be witnessed by just one witness?
No. In England and Wales, two independent adult witnesses are required. A single witness is insufficient and renders the codicil invalid.
Can witnesses see the contents of the codicil?
Witnesses do not need to read or understand the contents of the codicil. Their role is to witness the signing or acknowledgment of the testator's signature.
Key Takeaways
Witnessing requirements for a codicil in England and Wales are governed by the same formalities that apply to wills under the Wills Act 1837. To be valid:
- A codicil must be signed by the testator in the physical presence of two independent adult witnesses who see the signature or its acknowledgement.
- Each witness must then sign the codicil in the testator's presence.
- Witnesses must be free of conflicts of interest - they should not be beneficiaries, executors, or spouses/civil partners of beneficiaries under the will or codicil.
- Proper witnessing helps ensure the codicil is legally effective and reduces the risk of disputes in probate.
Understanding and complying with these witnessing rules helps ensure that changes made through a codicil are recognised by the courts and honoured in estate administration.
