What is a codicil and how does it work?

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This article provides general information and does not constitute legal, tax or financial advice. Laws and requirements vary across the UK. Consider speaking to a solicitor or another appropriately qualified professional before making or changing a will.

Any references to tax-free or tax treatment are based on our understanding of current legislation and tax treatment at the time of writing, which may of course change in the future.  

A codicil is a legal document that allows you to make changes to an existing will without replacing the whole document.

It may be suitable when you need to make a small, straightforward amendment, like changing an executor or adding a particular gift. If your circumstances or wishes have changed more substantially, writing a new will may be clearer.

In this guide, we explain the meaning of a codicil, how one works and what to consider before changing your will.

What does codicil mean?

A codicil is a separate document used to add to, remove or amend part of an existing will. Your original will remains valid, but it must be read alongside the codicil to understand your latest wishes.

For example, you might use a codicil to:

• Appoint a different executor.
• Add or remove a specific gift.
• Update a beneficiary’s name.
• Change what happens to a particular possession.
• Correct a minor error in your will.

Once a will has been signed and witnessed, you should not cross out sections, write new instructions on it or otherwise amend the original document. An official change generally needs to be made through a codicil or a new will.

Anyone making or reviewing a will may also find it useful to understand the wider reasons for writing a will.

How does a codicil work?

A codicil identifies the existing will and states exactly which parts should change. All the provisions that have not been amended continue to apply.

A codicil will usually need to include:

• Your name and relevant personal details.
• The date of your existing will.
• A clear description of the clause being changed.
• The revised instruction.
• Confirmation that the remaining terms still apply.

Once properly signed and witnessed, the codicil becomes part of your testamentary instructions. Your executors will need to consider both documents when administering your estate.

There is no legal limit to the number of codicils that can be added to a will. However, several codicils can make your wishes harder to follow and increase the risk of one amendment conflicting with another.

When might you use a codicil?

A codicil may be appropriate when the change is limited, clear and does not affect several other parts of your will.

Common examples include:

Changing an executor

You may want to replace an executor who has died, is no longer able to act or is no longer the person you would prefer to manage your estate.

A codicil can also be used to appoint an additional executor.

Adding a specific gift

You might decide to leave a fixed sum, possession or other specific gift to a person or charity that was not named in your original will.

Updating personal details

A codicil could record a change to a beneficiary’s name or correct other personal information. However, a simple change of address does not necessarily mean that a will needs to be updated if the person can still be clearly identified.

Removing a gift

You may want to remove a gift if you no longer own the item, your relationship with the intended recipient has changed or you now want the asset to form part of the rest of your estate.

Even a seemingly minor amendment can affect another clause. Consider asking a solicitor or qualified will-writing professional to check that the codicil does not create uncertainty.

If you are handling someone else’s estate, you can also read about how to find out whether someone has a will.

Does a codicil need to be witnessed?

In England and Wales, a codicil must be signed and witnessed using the same formal process as a will. This generally means signing it in the presence of two witnesses, who then sign it in your presence.

The witnesses do not need to be the same people who witnessed your original will.

However, you should not ask someone who will benefit from the codicil or original will, or their spouse or civil partner, to act as a witness. This would affect their right to receive the gift.

The legal rules surrounding wills vary across England and Wales, Scotland and Northern Ireland. You should check the requirements that apply where you live.

What makes a codicil valid?

A codicil needs to meet the legal requirements that apply to a will. In England and Wales, this includes making the change voluntarily, understanding its effect and completing the correct signing and witnessing process.

Questions may arise about the validity of a codicil when:

• It has not been signed or witnessed correctly.
• The wording is unclear.
• It refers to the wrong will or clause.
• Its instructions contradict the original will.
• A beneficiary or their spouse acted as a witness.
• There are concerns about mental capacity.
• There are concerns that the person was pressured into making the change.
• The original document cannot be found.

A poorly drafted codicil may not take effect as intended or may lead to disputes between beneficiaries. This is one reason professional advice may be worthwhile, even when the planned change appears simple.

Codicil or new will: which is more appropriate?

Whether you should use a codicil or write a new will depends on the extent and complexity of the changes.

A new will places all your current instructions in one document, making them easier for your executors to follow.

It should clearly revoke your previous will and must be signed and witnessed correctly. Do not destroy your existing will until the replacement has been properly completed, as this could leave you without a valid will.

When should you rewrite your will?

It is sensible to review your will when your relationships, family, assets or wider financial arrangements change.

Events that could prompt a review include:

• Getting married or entering a civil partnership.
• Separating or getting divorced.
• Having or adopting a child.
• The death of an executor or beneficiary.
• Buying or selling a property.
• Receiving a substantial inheritance.
• Starting or selling a business.
• Moving to another part of the UK or abroad.
• Making major changes to who should inherit.

Marriage, civil partnership and divorce can affect how an existing will operates, although the consequences depend on where you live and how the document was prepared.

A divorce or separation may also be a reason to review your financial protection. Our guide explains what to consider about life insurance after divorce.

How to add a codicil to a will

The precise steps will depend on your circumstances, but the following process can help you decide how to proceed.

Review the entire will

Read the full will rather than only the clause you want to change. This can help you identify connected instructions that could also be affected.

Decide whether the change is straightforward

Consider whether one clear amendment will achieve what you want. If you need to rewrite several clauses, a replacement will may be easier to understand.

Draft the codicil carefully

The document should identify your original will and set out the change precisely. Avoid wording that could be interpreted in more than one way.

Review it with a legal professional

Before signing the codicil, consider asking a solicitor or qualified will-writing professional to review it. They can check that the wording is clear, that it does not conflict with the rest of your will and that a codicil is the most suitable way to make the change.

Sign and witness it correctly

Follow the formal requirements that apply in your part of the UK. Do not sign it in advance of meeting the witnesses.

Store it securely

Keep the original codicil with your original will so both documents can be found. Tell your executors where they are stored.

Can you write a codicil yourself?

It may be possible to write your own codicil, but this does not mean it is always advisable.

A standard template may not account for:

• The exact wording of your existing will.
• Gifts that depend on other clauses.
• Complex family relationships.
• Jointly owned assets.
• Inheritance tax considerations.
• Beneficiaries who need additional support.
• Differences in the law across the UK.

The more valuable or complicated the estate, the greater the potential consequences of unclear wording.

A solicitor can advise whether a codicil is appropriate, prepare the amendment and make sure it is completed correctly.

Common codicil mistakes

Common problems to avoid include:

• Writing changes directly onto the original will.
• Describing a gift or beneficiary unclearly.
• Referring to the wrong clause.
• Failing to follow the witnessing rules.
• Using a beneficiary as a witness.
• Creating several overlapping codicils.
• Keeping the codicil separately from the will.
• Failing to tell executors that it exists.
• Assuming someone else can make the change on your behalf.

You cannot create a codicil for someone after they have died. Changing how an inheritance is distributed after a death involves a different process, often known as a deed of variation, and affected beneficiaries usually need to agree.

These changes generally need to be completed within two years of the death.

Why keeping your will updated matters

An up-to-date will helps make your wishes clear and gives your executors instructions for dealing with your estate.

Reviewing it can also prompt you to consider:

• Whether your chosen executors are still suitable.
• Whether the right people are named as beneficiaries.
• Whether your assets have changed.
• Whether your estate could be subject to inheritance tax.
• Whether your family has enough financial protection.

Our guide to understanding inheritance tax provides an introduction to how the tax works.

Life insurance has a different purpose from a will, but it can also form part of planning for the people you leave behind. A policy could provide a cash payout following a valid claim, potentially helping your family with household expenses, mortgage payments or other commitments.

Protecting the people you leave behind

Keeping your will up to date can help make sure your estate reflects your current wishes. It may also be a useful time to review the financial protection you have in place for the people who depend on you.

LV= life insurance could provide a cash payout if you pass away during the policy term, helping your loved ones manage costs like mortgage payments, household bills, childcare or funeral expenses.

Not sure how much protection could be suitable? Read our guide to how much life insurance cover you may need as well as many more life insurance guides.

Frequently asked questions about codicils

Still need to understand codicils more? Find the answers to some of the most commonly-asked questions below.

Does a codicil replace a will?

No. A codicil changes selected parts of a will while the remaining instructions continue to apply. The will and codicil should be kept and read together.

How many codicils can you add to a will?

There is no formal limit, but multiple codicils can make your wishes difficult to follow. A new will may be clearer if you need to make several changes.

Can a codicil change an executor?

Yes. A codicil can be used to remove, replace or add an executor, provided it is drafted and completed correctly.

Can a codicil add or remove a beneficiary?

It can change who receives a particular gift. However, substantial changes to the main beneficiaries may be better handled through a new will.

Do the original witnesses need to witness a codicil?

No. You can use different witnesses, but the codicil must still follow the applicable signing and witnessing requirements.

Can a codicil be added after someone dies?

No. A codicil must be made by the person whose will is being changed during their lifetime. Changes after death involve a separate legal process.