What is a codicil?

When can you use a codicil?

A valid codicil changes the provisions it identifies. The rest of the will continues to apply, so the documents must make sense when read together.

A codicil can affect the date from which the will is interpreted. This is known as republication and is one reason even a short amendment should be checked against the whole will.

There is no standard expiry date. A codicil remains relevant unless it is revoked or replaced, or a later event changes the legal position. In England and Wales, marriage or forming a civil partnership will usually revoke an earlier will and its codicils unless a relevant exception applies.

Moving home does not by itself invalidate a will or codicil. It is still a sensible review point because property descriptions, contact details and the arrangements for storing the signed originals may need attention.

GOV.UK confirms that there is no fixed numerical limit on codicils. However, several codicils can create inconsistency, ambiguity or overlooked instructions. A new will may then be clearer.

Examples of changes

A codicil may be considered for:

• changing an executor;
• adding or removing a beneficiary;
• changing a specific gift;
• adding a charitable gift; or
• updating a testamentary guardian appointment.

Complexity matters more than the number of changes. An executor amendment must clearly identify who is removed, appointed and retained. A beneficiary change can affect what happens if someone dies before you and the remaining estate after debts, expenses and specific gifts have been dealt with. Check a charity's correct registered name and charity number before changing a gift.

Guardian appointments can depend on parental responsibility and who survives, so obtain legal advice before changing one.

Funeral wishes are not normally legally binding, and the will may not be read before the funeral. Tell the relevant people about practical wishes separately, but do not use an informal note to alter gifts or appointments.

Should you use a codicil or make a new will?

GOV.UK recognises codicils as the formal way to amend a signed will in England and Wales and recommends making a new will for major changes. There is no safe formula based only on the number of edits.

This is a decision guide, not a legal rule. Consider a new will where:

• beneficiaries or the main distribution of the estate are changing substantially;
• several executors, guardians, trustees or trust provisions are changing;
• existing codicils make the instructions difficult to follow;
• marriage, divorce or another major life event affects the plan; or
• a business, foreign assets or more than one jurisdiction are involved.

A new will should normally revoke earlier wills and codicils effectively. Do not destroy the old original before the replacement has been validly signed. After that, follow the solicitor's instructions on revocation, destruction and storage.

How do you sign and witness a codicil?

A codicil must be signed and witnessed correctly. A clear amendment can still fail if the signing process is not valid.

For an ordinary codicil in England and Wales:

1. Put the change in writing.
2. Sign it, or acknowledge your signature, while two witnesses are present together.
3. Ask each witness to sign while you are present.
4. Keep the signed original with the will.

You and the witnesses must sign the same document. Both witnesses must be present when you sign or acknowledge your signature. They do not have to sign simultaneously or in each other's presence, although keeping everyone together can provide clearer evidence.

Correct signatures are not the only requirement. You must understand and approve the document and make it freely, without fraud, pressure or coercion. If capacity could later be questioned, ask a solicitor about an appropriate assessment and written attendance record. Dating the codicil is also strongly advisable.

Can you sign a codicil electronically or by video?

Do not rely on an electronic signature or video witnessing for an ordinary codicil in England and Wales. The temporary video-witnessing rules expired on 31 January 2024.

Use wet-ink signatures with both witnesses physically present unless a specialist solicitor advises that another method is legally effective in the circumstances.

Does a codicil need a solicitor or notary?

A solicitor is not always legally required, and an ordinary codicil does not normally need to be notarised. Legal help can reduce the risk of unclear drafting, invalid signing or unexpected effects elsewhere in the will.

If you use a will writer or another provider, check their qualifications, regulatory status, insurance and complaints process. “Will writer” is not itself a uniformly regulated professional title.

Who can witness a codicil?

The codicil does not need the same witnesses as the original will. Use two suitable independent adults who can see you sign or acknowledge your signature.

Witnesses do not need to read the codicil or know what it says. Their role is to witness the signature and sign in your presence.

Can a beneficiary be a witness?

Do not use a beneficiary, or that beneficiary's spouse or civil partner. If they witness the codicil, the relevant gift will generally fail under section 15 of the Wills Act 1837. The whole will or codicil is not automatically invalid for that reason.

An executor is not disqualified solely because they are an executor, but do not use them if they may also benefit. If someone with an interest has already witnessed the document, get legal advice before signing the document again.

Why should you not write on the original will?

Do not cross out words, add names or write replacement instructions on a signed will. A change made afterward may have no legal effect and can make it harder to establish which wording is valid.

Use a properly signed codicil or make a new will. Do not destroy the original when adding a codicil because both documents may be needed.

If the will has already been marked or damaged, keep it in its current condition and get legal advice. Do not erase marks, add or remove bindings, or attempt repairs.

Where should you store the will and codicil?

Store the signed original codicil with the original will and tell the executors where both are held. The usual probate process relies on the originals, so scans and photocopies are not interchangeable with them.

• Record who holds the originals.
• Tell the executors or a trusted person where to find them.
• Keep reference copies clearly labelled as copies.

Do not add or remove staples, bindings or other fastenings without advice from the storage provider or solicitor.

Do you need to register a codicil?

There is no general registration requirement in England and Wales. You can keep the documents safely at home or use a solicitor, bank, storage provider or the official HM Courts and Tribunals Service storage service.

Check the provider's current process, retrieval arrangements and fee before sending an original.

What happens if the signed original is lost?

A photocopy does not automatically replace a missing original. Depending on who held the original and the evidence about what happened to it, the probate court may need to decide whether the codicil was revoked or whether a copy can be accepted.

Keep every copy and storage record, then obtain specialist probate advice.

How is a codicil different from other documents?

Estate-planning documents may deal with related wishes, but they do not all change a will.

A person cannot make a codicil after death. Beneficiaries may sometimes agree to redirect an inheritance through a variation. Special conditions and a two-year period apply if the parties want specified Inheritance Tax or Capital Gains Tax treatment, so professional advice may be needed.

Does a codicil change life insurance?

A codicil changes a will. It does not automatically change a life insurance policy, trust or beneficiary nomination.

In particular, it does not:

• amend the insurance contract or policy ownership;
• alter a separate life insurance trust; or
• necessarily change who receives a payout outside the estate.

The will may matter when policy proceeds are payable to the estate. Check who owns the policy and whether it is written in trust. Review the will and life insurance arrangements together so they continue to reflect your intentions, using qualified legal help where needed.

Do the rules differ in Scotland and Northern Ireland?

Yes. The signing process described above is for England and Wales. The following notes provide orientation only.

Scotland

Scotland has different signing rules. A Scottish will can be legally valid without a witness, although proper witnessing can make it self-proving. Marriage or civil partnership does not revoke a Scottish will.

Use current Scottish guidance and a solicitor qualified in Scots succession law when changing a Scottish will.

Northern Ireland

Northern Ireland has separate succession rules. nidirect says a codicil must be signed, dated and witnessed using the same procedure as the will. This does not mean that the same individual witnesses must be used.

Get specialist advice where you live, your assets and the law applying to the documents involve more than one jurisdiction.

When should you get legal advice?

A solicitor can review the complete will and recommend the clearest way to make the change. Advice is particularly important where:

• beneficiaries or the main distribution of the estate are changing substantially;
• executors, guardians, trustees, trusts, a business or foreign assets are involved;
• several wills or codicils may interact;
• capacity, pressure, fraud or vulnerability may be disputed;
• a document is missing, damaged, marked or incorrectly witnessed; or
• the normal signing process cannot be followed.

LifeNest provides general information but cannot confirm whether a particular codicil is valid or draft one for you.