How to change a will? : steps to add a codicil
If your last wishes are no longer accurately reflected in your will, you may need to change your will. However, once a will has been signed and witnessed, you cannot make handwritten notes or verbal changes that hold any legal value. The only way to legally amend it is by creating a formal document called a codicil. To ensure your updates are valid and enforceable, it is highly recommended to consult a solicitor specialising in wills, trusts, and estate law, especially one experienced in will writing.
Key Takeaway: How to legally update a will?
Read on to learn how to change a will legally and avoid costly mistakes.
What is a codicil?
The codicil meaning in UK law refers to a legal document that allows you to amend an existing will without rewriting it entirely. It is typically used to change a will by:
- Adding or removing a beneficiary.
- Modifying a bequest.
- Appointing a new executor.
The codicil must follow the same formalities as the original will: it must be written, signed, and witnessed to be legally valid. A codicil does not replace your will but acts as an official addition to it.
However, if the updates are numerous or complex, it may be better to revoke the current will to create a new one. In all cases, seeking advice from a solicitor experienced in will writing and estate law is strongly recommended to ensure your intentions are fully protected.
Why modify your will?
A will is not set in stone; it should evolve with your life. As your circumstances change, you may need to change your will to ensure it reflects your current wishes, relationships, and assets. Here are some common reasons to consider an addition to a will or full update:
- Marriage, divorce, or remarriage: These life events can significantly affect how your estate is distributed and may require legal changes to your existing will.
- Birth of a child or grandchild: Welcoming a new family member often prompts updates to include or adjust beneficiaries.
- Changes in assets: Buying or selling property, investments, or other major assets can make parts of your will outdated.
- Change of residence: Moving to a different country or legal jurisdiction may impact how your will is interpreted or enforced.
- Shifts in relationships: If you’ve reconciled with or become estranged from a beneficiary, you might want to revise your instructions.
- Death of an executor or beneficiary: If someone named in your will passes away or is unable to act, you’ll need to revise those appointments.
What can you modify with a codicil?
A codicil allows you to change a will without rewriting it entirely. It’s ideal for main targeted updates such as:
- Changing the executor: If your chosen executor is no longer available or suitable, a codicil lets you formally update the appointment.
- Adding or removing a beneficiary: You can make an addition to a will by including a new beneficiary, or remove someone based on a changed relationship or intentions.
- Altering a bequest: You may revise the value, nature, or distribution of a gift, for example replacing a specific asset, or adjusting shares among beneficiaries.
- Updating funeral arrangements wishes: If your preferences around burial, cremation, or ceremony details have changed, a codicil can record your new instructions.
All changes must be made in writing, signed, and witnessed, just like the original will, to ensure legal validity. Good to know: When the changes are extensive, involve multiple beneficiaries, or significantly alter your estate plan, it is often better to revoke the current will to create a new one. This helps avoids contradictions or confusion between your original will and the codicil.How to add a codicil to a will?
Making an addition to a will is a straightforward process if you follow the correct legal requirements. Here’s how to do it:
- Draft the codicil: Clearly and precisely outline the changes you want to make, whether it is changing a beneficiary, modifying a bequest, or appointing a new executor. It’s important to reference the exact sections of the original will you are amending to avoid ambiguity.
- Sign the document properly: The codicil must be signed by you (the testator) in the presence of two independent witnesses, who must also sign it. These witnesses must not be beneficiaries or related to beneficiaries to ensure the codicil is legally valid.
- Store the codicil with your will: The codicil complements, but does not replace, the original will. Keep both documents securely, whether with a solicitor, in a secure safe, or with other important papers, and ensure your family or executor knows where to find them.
Wondering “can I add a codicil to my will myself?” If you choose to prepare the document yourself, you can use a codicil template UK found online. However, even when using a template, it’s highly recommended to have the document reviewed by a solicitor specialising in will writing to ensure full legal compliance and to accurately reflect your intentions.
How much does it cost to change a will?
The cost of modifying varies depending on the type of updates whether you seek professional assistance, and the complexity of your situation.
For example, drafting a simple codicil by yourself may cost between €30 and €80. however, if you consult a solicitor, fees typically ranges from €150 to €400, depending on the nature and complexity of the changes.
More specifically:
- How much does it cost to change a will? Simple modifications cost is around €100 s.
- How much does it cost to change executors on a will? Appointing a new executor often costs around €200, particularly if it involves formal notarial procedures.
Should I consult a solicitor to add a codicil to my will?
It is highly recommended to consult a solicitor specialising in estate law and will writing, especially if your personal or financial situation is complex. A solicitor can:
- Advise whether a codicil is sufficient for minor updates or if it’s safer to revoke your current will and create a new one for more significant changes.
- Draft the document clearly, precisely, and in full compliance with the legal formalities, to avoid ambiguity or future disputes.
- Ensure the codicil meets all legal requirements, including proper signing, witnessing, and wording.
- Safeguard your documents securely, ensuring they’re accessible when needed by your executors or family.
FAQ
- Can an executor change a will? No. The executor must carry out the will exactly as written and has no authority to change a will.
- Can an executor change a will after death?
No. Once the testator has died, the will becomes legally enforceable and cannot be altered by the executor. - Can a spouse change a will after death?
No. A surviving spouse has no legal right to change a will after death. Can a power of attorney change a will?
No. A power of attorney only allows someone to act on a person’s behalf while they are alive; it does not give authority to change a will. - Can a person with dementia change their will?
Only if they still have the mental capacity to fully understand the nature and consequences of their actions. - Can a will change a life insurance beneficiary?
No. Life insurance policies are governed by separate contracts, and the beneficiary designation in the policy overrides any mention in the will. - Can I change my will without a solicitor?
Yes, but with caution. You are not legally required to use a solicitor to change a will or add a codicil, but mistakes in form, signing, or wording can easily make the document invalid. Consulting a solicitor ensures your changes are clearly expressed, properly witnessed, and fully compliant with legal standards. - When should I update my will?
You should review and update your will every three to five years, after major life events like marriage, divorce, the birth of a child or grandchild, significant asset changes, or whenever your personal wishes evolve.
Changing your will is a crucial step to ensure your final wishes are respected. By writing a codicil, you can update your instructions clearly and legally.
Need to change a will or add a codicil?
Consult Qredible’s network of trusted will writing solicitors today and ensure your updates are legally sound and fully respected.
KEY TAKEAWAYS
- A codicil is a legal document that allows you to amend an existing will without rewriting it completely. It must be signed and witnessed by two independent who are not beneficiaries.
- A codicil can be used to modify specific elements, such as appointing a new executor, adding or removing a beneficiary, or updating personal information.
- The key steps for making an addition to a will with a codicil include clearly identifying the intended changes, drafting the document properly, signing it in the presence of two witnesses, and securely storing it alongside the original will.
- No changes can be made to the will after the testator’s death, except through a court challenge in very limited circumstances.
Articles Sources
- gov.uk - https://www.gov.uk/government/publications/pa7env-envelope-label-for-storing-your-will-or-codicil
- gov.uk - https://www.gov.uk/government/publications/apply-to-make-decisions-on-someones-behalf-finances-form-cop1c
- gov.uk - https://www.gov.uk/hmrc-internal-manuals/trusts-settlements-and-estates-manual/tsem6034
- gov.uk - https://www.gov.uk/make-will/updating-your-will
- legislation.gov.uk - https://www.legislation.gov.uk/ukpga/1975/63
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