Codicil vs New Will: Which Should You Use to Update Your Will?
Your circumstances change: a new grandchild, a move to a different house, an executor who has since died. The question for every will owner is: do I add a codicil, or do I write a new will? Here is the short, honest answer.
The rule of thumb
In most cases, write a new will. A new will is cleaner, supersedes all earlier documents, and avoids the risk of conflicting or lost codicils. A codicil only makes sense for a single, very minor change to a will that is otherwise still accurate.
Use a codicil for…
- ✓Changing a single executor because they have died, moved abroad, or can no longer act
- ✓Adding a single small specific gift (e.g. £500 to a new grandchild)
- ✓Updating a guardian's name after a change in circumstances
- ✓Correcting a minor name or address detail
Write a new will for…
- •Marriage (which in most cases automatically revokes your will — s18 Wills Act 1837)
- •Divorce (gifts to ex-spouse are treated as if they had died, but you should rewrite to be certain)
- •A new partner or blended family
- •A significant new asset (buying a property, business, or overseas asset)
- •Changing the residuary beneficiary (who gets the bulk of the estate)
- •Any case where you already have a codicil and need another change
How to sign a codicil correctly
A codicil follows the same signing rules as a will. Section 9 of the Wills Act 1837 requires the testator to sign in the presence of two independent adult witnesses (not beneficiaries of either the will or the codicil), who then sign in the testator's presence. See our how to witness a will guide for the full step-by-step.
Keeping your codicil with your will
Store the codicil with the original will. Do not staple or attach them together (this can raise questions about tampering). Keep them in the same envelope, marked “Will and Codicil dated [date]”. When probate is applied for, both documents are submitted together.
Frequently asked questions
What is a codicil?+
A codicil is a short, supplementary legal document that amends an existing will. It must be signed and witnessed with the same formalities as the will itself (section 9 Wills Act 1837). A codicil does not replace the will; it sits alongside it.
When should I use a codicil instead of writing a new will?+
Use a codicil for very small, simple changes: adding or removing a minor gift, changing a single executor, or updating an address. For anything more substantial (changing the residuary beneficiary, adding new beneficiaries, substantial gifts, new circumstances like marriage or divorce), write a new will.
How many codicils can I have?+
There is no legal limit, but practically speaking, once you have more than one or two codicils the document set becomes confusing. Lost or contradictory codicils cause disputes after death. If you need more than two changes, write a new will to revoke the old one and start fresh.
Does a codicil need to be witnessed?+
Yes. A codicil must be signed and witnessed exactly like a will: in the presence of two independent adult witnesses who both sign in the testator's presence. The witnesses do not need to be the same people who witnessed the original will.
What happens if I tear up my will?+
If you physically destroy your will with the intention of revoking it (tearing it up, burning it, cutting the signature off), that revokes the will (section 20 Wills Act 1837). If you die without a valid will, the intestacy rules decide who inherits. Do not destroy your will unless you intend to revoke it, and ideally create a new will first.
Can I handwrite changes on my original will?+
No. Scribbling notes, crossing out, or writing in the margins of a signed will does not amend it legally and can raise questions about tampering, potentially invalidating the whole will. Changes must be made via a properly signed and witnessed codicil or a new will.
Does a new will automatically revoke the old one?+
Yes, provided the new will includes a revocation clause (e.g. 'I hereby revoke all former wills and testamentary dispositions made by me'). Every WillSafe UK will template includes this standard clause. As a belt-and-braces measure, destroy previous wills once the new one is signed.
Codicil template or new will — we have both
Need to make a small change? Our Codicil Template Kit has everything you need. Making bigger changes? Start fresh with a new Will Kit.