What is a codicil?

Someone has a will and now wishes to change certain parts of it. It’s not as easy as taking a pen and scribbling some amendments onto the original document.

One option is to start from scratch and create a new will. The other option is to create a codicil (sometimes pronounced with a “cod”, like the fish, sometimes with a “code”, like the da Vinci).

Amending a will with a codicil

A codicil refers to a particular will. It replaces or deletes certain clauses of that will, or adds new clauses. You cannot have a codicil without an existing will, and it has to be made by the person who made the original will (you cannot use a codicil to vary someone else’s will). It is possible to amend every part of a will with a codicil, but in that case it would be simpler to create a new will.

It is even possible for a codicil to rectify mistakes in an original will, for example if it was improperly signed or witnessed, or to re-instate an old will that was previously revoked.

The formalities of making a codicil

A codicil is very similar to a will. It must be in writing, it must be dated, it must be properly signed and witnessed, an appropriate signature (“attestation”) clause must be present and the meaning must be clear. It must also be clear which will is being amended (it is therefore important to state the date of the will) and it should be stated whether this is the “first”, “second” or “third” codicil to that will, and so on. Any number of codicils are possible.

It is very important to keep the original will. After death, the will and any codicils are read as if they were one document. The will and any codicils should be submitted together to a probate registry when applying for a grant of probate.

"Confirming" and "Republishing" a will

A properly-executed codicil will “confirm” the will, for example with the words “in all other respects I confirm my Will”. This has the effect of “republishing” that will, which means that the will is treated as being executed on the date of the codicil. This may affect the interpretation of the will (see our guide, “Interpreting a will: date of will or date of death?”). 

Better to create a will from scratch?

These days, wills are almost invariably created on a computer, and it is usually no more trouble to make a new will than it is to make a codicil. Making a will from scratch is also an opportunity to ensure that it is up-to-date, perhaps by taking full advantage of any changes in inheritance tax law. It would also result in just one vital document to keep track of, rather than two or more.

So, if you’re considering making changes to a will, consider making a new will, rather than a codicil.