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Anyone who has created a codicil to a will can tell you it’s not easy, and there are many ways it can go wrong. It’s not simply a case of adding extra notes to an existing will and in many cases it’s easier to just write a fresh will. In fact, an incorrectly written codicil can even revive a previously revoked will if it’s too ambiguous.
You might think it’s easier to avoid codicils completely, but in reality, there are occasions when only a codicil is appropriate. Before we go into the complexities of how a codicil can revive a revoked will, it’s important to understand what a codicil to a will is.
What is a codicil?
In simple terms, a codicil to a will is an addition to a will that explains, alters or revokes part of a will. A codicil is a separate document from the will and must be stored alongside your will.
However, as straightforward as a codicil to a will sounds, the reality is that it’s a far more complex procedure than you may initially think.
Why use a codicil?
A codicil is typically used for more minor alterations of a will. Our rule at Britton and Time is if the changes involve more than 10% of your estate, you should consider creating a new will instead.
Examples of when a codicil to will is applicable:
- Changing executors
- Removing a former partner or family member as a beneficiary
- Adding new beneficiaries, such as a new partner or grandchild
- Updating your funeral wishes
- Altering the amount of money you’re leaving to a beneficiary
- In the event that a beneficiary changes their name
Stages of making a codicil
- Reading your current will. Firstly, before making any amendments make sure the will you have is the most up-to-date version. Additionally, gather any current codicils to your will. Only when you have gathered all this paperwork can you start reading through your will. You should identify all the existing problems in your will and make a note of them.
- Make an appropriate title. Make the title clearly indicate the document’s purpose. A strong title would be: Codicil to the Last Will of [your full name]’.
- Opening paragraph. It’s essential that the opening paragraph is clear and specific. An example of the way to write the first paragraph is as follows: “I [your name], [your address – including the city, county and state in which you live], being of sound mind, declare that this Codicil to the Last Will and Testament of [your name] is effective on this date and shall hereby amend my Last Will and Testament dated [insert date of will] as follows:”
- Identify the area you want to alter and amend, delete, or add to your will. Make sure you specify in the section number you wish to alter and state the changes in full detail.
- Acknowledge that your codicil will overrule anything in your original will. The easiest way to do this is by making a statement at the end of the codicil.
- Sign the codicil with a witness. When signing your codicil, follow the same process as when signing your will. In England and Wales, you will need two witnesses to overview the signing, otherwise it will not be valid. Additionally, remember that the witnesses have to be age 18 or over and not beneficiaries of the will.
Are there any risks to using a codicil?
A codicil is a separate document, so it’s more likely to be lost or misplaced than an entirely new will, especially if there are multiple codicils. But, you can easily overcome this risk by using our solicitors. Britton and Time provide safe storage of wills and codicils together for free if it’s written using our services.
While technically there’s no limit to how large or dramatic the alterations in a codicil to a will can be, it can become very confusing. The more confusing a will becomes, the more likely it is that people will cast doubt over your desires. As a result, our solicitors will always advise that if you are making large changes to a will, it’s better to start fresh and write a new will. In writing a new will you are eliminating any doubt that may arise over your wishes.
Regarding the way you write the codicil to a will, the language you use must be in line with the language used in your original will, alongside actively using a legal tone throughout. Failure to do so could cause potential confusion later down the line. Furthermore, be very specific when making changes by using clear and direct terms. By being specific it eliminates any chance of people questioning the confidence you have in these alterations.
Can a codicil revive a will that has been revoked?
The short answer is, yes, section 22 of the Wills Act 1837 outlines that a codicil to a will can revive a will that has been revoked. However, this can only happen if the codicil has been written in relation to the revoked will.
A codicil effectively creates a new will that supersedes any existing will, starting from the date of the codicil. This concept can be difficult to grasp, which is why our trusted wills solicitors in Brighton and Hove, and London, always advise drafting a new will rather than revising one that has been revoked. Drafting a new will is always clearer and gives more certainty.
Sometimes there is good reason to revive a revoked will, for example, your wishes may change and you feel the revoked will better reflects what you wish to happen, or you may not have the time to create a new will. But it’s by no means safe.
You may use a codicil to revive a will that has previously been partly revoked and then fully revoked. Be mindful that when the will is revived, it will take the form that it did when fully revoked. Think of this like hitting the ‘undo’ button on your computer. Only one action can be undone at a time, unless you choose to undo everything.
Confusion around a will can strike up questions around the person writing the wills’ true desires which can, in some cases, lead to a will being made void. You can read more about this topic on our 5 Easy Mistakes To Make When Writing A Will page.
What are the benefits of using a solicitor?
Codicils to wills and will writing are very complicated processes. The margin for error is enormous and any one mistake could result in your will becoming invalid or removing beneficiaries. To guarantee protection of your wishes you will require one of our trusted will solicitors in Brighton and Hove, or London.
Our solicitors will ensure your codicil:
- Has been thoroughly proof-read
- Makes it clear what your intentions are
- Uses the correct legal language and tone throughout
- Acknowledges and makes reference to any previous codicils
- Has a properly written acknowledgement section
- Is stored for safe keeping alongside your will
- Makes sure your future desires become a reality
How to Contact one of our Solicitors in London and Brighton?
We know how stressful and costly a codicil can be. That’s why our initial consultations with our private client solicitors offer you:
- Unlimited time to go through the details of your case and ask any questions you may have
- An overview of your legal standpoint and your available options
- A precise time and fee estimate for your case
To arrange your initial consultation with one of our solicitors, simply call us on 020 3007 5500.
Can a codicil be removed from a irrevocable trust if the grantor is deceased?
Your statement “In the UK you will need two witnesses to overview the signing otherwise it will not be valid” is wholly incorrect. You mean England and Wales, not the UK. The position is Scotland is wholly different where no witness is required to make a valid will, but only a probative one – and where one witness only is required
Hello John,
Thank you for pointing that out. I have now amended the content accordingly.