By Rebekah Taylor
At Harold G Walker Solicitors, we are often asked whether it’s possible to make small updates to a Will without rewriting the entire document. Historically, the answer would have been yes, through a legal instrument known as a codicil.
However, legal practice evolves. Today, our professional policy is clear: we do not prepare codicils. Instead, we recommend drafting a new Will in every instance where changes are needed, no matter how minor those changes may seem. This approach ensures clarity, precision and legal certainty.
What is a codicil?
A codicil is a formal legal document used to amend specific provisions within an existing Will. For example, one might use a codicil to:
Change the name of an executor
Alter a gift or legacy
Add or remove a beneficiary
Modify administrative provisions
A codicil must be signed and witnessed in the same way as a Will. Once completed, the codicil is stored alongside the original Will, and both documents are read together after death to determine the testator’s intentions.
Why we no longer advise using codicils
Legal certainty and clarity are paramount when it comes to Wills. While codicils were once practical, modern best practice strongly supports preparing a new Will instead. Here’s why:
1. Codicils increase the potential for confusion
Over time, multiple codicils may be created, sometimes with conflicting provisions. If one is lost or overlooked, the result can be significant legal confusion. A new Will consolidates everything into one clear, updated document.
2. Codicils increase the risk of disputes
Disagreements often arise over whether a codicil was properly executed or genuinely reflects the testator’s intentions. A newly drafted Will reduces this risk by presenting a clean and up-to-date expression of wishes.
3. Drafting a new Will is more efficient today
Modern legal tools and streamlined processes make writing a new Will faster and more cost-effective than ever. It also allows for a full review of your circumstances, ensuring no outdated provisions remain.
4. A new Will provides peace of mind
A single, clear Will makes it easier for your loved ones and executors to carry out your wishes with confidence. It minimises the potential for stress, delays or disputes after you have gone.
In summary, whilst codicils may still be legally valid, but they are no longer best practice. At HGW , we believe your legacy deserves clarity, not compromise. If your circumstances have changed, even slightly, our team is here to help you update your Will with the care and attention it deserves.