Codicil
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Codicil Writing Service
With our Codicil writing service we can make changes to your original will. A codicil is an additional legal document that can alter terms in your will or provide an explanation to entries in your will.
The same way as a sticker on a notebook can alter the appearance of the item, is the same way that a Codicil can alter a Will.
What is a Codicil?
In the United Kingdom, a codicil is a legal document that is used to make changes or amendments to an old will. A will is a legal document that outlines a person's wishes regarding the distribution of their assets after their death.
A codicil is a supplementary document that is used when the testator (the person making the will) wants to make minor changes to their will without having to write a new will. It is often used to add or remove specific bequests, change the appointment of executors, or modify other provisions of the old will.
To be valid, a codicil must meet certain requirements, for example, including being in writing, signed by the testator, and witnessed by two independent witnesses. It should also clearly refer to the original will and specify the changes being made.
However, it is important to note that while codicils have traditionally been used to make changes to wills, modern practice often favors creating a new will altogether when a major change needed. This is because multiple codicils can become complicated to review and interpret and may lead to potential disputes.
Creating a new will allows for a clearer and more comprehensive expression of the testator's intentions.
If you are considering making changes to your will or writing a new will altogether, it is recommended to consult with a qualified legal professional who can provide guidance and ensure that your wishes are properly documented and legally binding.
So should I use a Codicil or simply write a New Will?
Life has a habit of throwing curveballs, and as your circumstances change, you may wish to amend or update your Will with either an addition or supplement that explains, modifies, or revokes a Will or a section of one. The advantage of preparing a Codicil is that it avoids updating or creating a new Will from scratch, which is often the cheaper option. However, a Codicil is by its very nature, an additional document to your existing Will. Possibly, the Codicil could be lost or overlooked by your executors unless it is safely stored with your Will in a secure place. For this reason, Codicils are sometimes preferred for minor amendments rather than significant changes where it would be more appropriate to create a new Will.
Circumstances where a Codicil may be added to your Will
1. Appointment of a new Executor
2. If you marry, as your marriage will revoke your Will if you are domiciled in England or Wales.
3. You wish to make minor changes to your needs and wishes regarding assets.
4. If you decide to update your wishes with regard to funeral or cremation
5. Following the birth of children or grandchildren to reflect their inheritance.
How to change your original Will?
If you intend to make major changes to your Will, it is advisable to appoint a legal professional. Doing so will guide you as to whether a Codicil is appropriate or whether writing a new Will from scratch is the better option. Finally, always ensure your executors are aware of any changes you make to your Will. Particularly when a Codicil is prepared and is a separate document to your existing Will it is important that it is signed and witnessed by preferably the same witnesses as your actual will.
How do you make a valid codicil to a will in the UK?
To be valid in the United Kingdom, a codicil must meet several requirements. These requirements include:
In Writing:
The codicil must be in writing. Oral or verbal codicils are not considered legally valid.
Testator's Signature:
he codicil must be signed by the testator (the person making the will) at the end of the document. The signature should be made in the presence of two witnesses.
Witness Signatures:
The codicil must be signed and witnessed by two independent witnesses who are present at the same time when the testator signs the document. The witnesses should also sign the codicil, preferably in the presence of the testator.
Testamentary Capacity:
he testator must have the mental capacity to understand and make changes to their will. They should be of sound mind and fully aware of the implications of the changes they are making.
Clear Intentions:
The codicil should clearly express the testator's intentions for the amendments or additions being made to the original will. The changes should be specific, unambiguous, and should not contradict any provisions of the original will.
Reference to the Original Will:
The codicil should reference the original will to which it pertains. It should state the date of the original will and clearly identify the sections or provisions being modified. Remember, you are allowed to have more than one codicil to a will just make sure it is clearly denoted how many codicils there are.
It is important to note that these requirements are based on general guidelines, and there may be specific legal variations or additional requirements depending on the jurisdiction or circumstances.
Therefore, it is advisable to consult with a qualified legal professional such as local solicitors to ensure compliance with the specific laws and regulations applicable to your situation and to make sure your civil partner is also aware of the changes.
We recommend registering your will with the National Will Register, Certainty. So no matter where you are in the world, you know your will can be found without question.