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Making minor changes to your Will using codicils

19th April 2024

Life changes like having a child, acquiring new assets, or changes in relationships often mean you need to update your Will.

However, not all life changes require a comprehensive rewrite – some simply require a small amendment to the pre-existing document.

A codicil is a simple yet effective way to make these small changes while keeping your current Will valid and legally binding.

Originating from the Latin word “codicillus,” meaning “little code,” these amendments act as a minor update to your primary Will.

Like the original Will, both you and the witnesses must sign your codicil for it to be legally valid.

You’ll also need to ensure that the updates do not invalidate something already included within your Will and accurately reflect your current wishes without rendering the rest of the document inaccurate.

Codicils work well for various updates, such as changing executors, updating beneficiaries, adjusting gifts, or adding assets.

For more significant overhauls, like major shifts in how you want to distribute your estate, it is usually better to make an entirely new Will.

(This is especially true in the case of significant life events like divorce or marriage).

In the UK, both codicils and Wills follow strict rules under laws like the Wills Act 1837 and the Administration of Estates Act 1925.

Should you write a new Will or add a codicil?

Deciding between a new Will and a codicil depends on the changes you need to make.

For small tweaks or additions, a codicil is suitable, but for bigger changes that affect your estate’s overall plan, rewriting your Will ensures that your wishes will be fulfilled upon your death and your loved ones will receive everything you leave to them.

You might, for example, choose to use a codicil to add a grandchild as a beneficiary or slightly increase the charitable gifts you’ve included in your wishes.

However, codicils can have drawbacks, such as potential conflicts with the original Will or disputes over its validity.

Proper drafting with the help of a solicitor ensures codicils match your intentions and meet legal standards, reducing dispute risks.

Getting expert legal advice helps make sure your codicil is correct and avoids unintended problems.

With the right professional advice, you can make sure your Will stays up to date with your life changes and that your estate is passed down to your loved ones according to your wishes.

If you’re thinking about making minor changes to your Will, please get in touch with one of our expert team.