Codicil to Will (England and Wales)

What is a codicil to a will?

A codicil is a formal legal document that amends, adds to, or partially revokes an existing will and, in certain circumstances, can also revive an already revoked will without replacing it entirely. Once the codicil is signed, it sits alongside the original will, and it must be executed with exactly the same formalities as a will itself under Section 9 of the Wills Act 1837.

Codicil vs. New Will — Which Do You Actually Need?

If you already have a will and are planning to introduce certain amendments to it, you may be wondering if you need to proceed with a codicil or the creation of the new will. The table below helps you to answer this question:

As a practical rule of thumb, for one clear, straightforward amendment, a codicil to a will template is a faster and cheaper option compared to drafting the new will from scratch.

However, for more complex amendments, like disinheritance of certain beneficiaries or adding new provisions, signing a separate new will should be a smarter and more practical choice.

Why choose FasterDraft’s template for a codicil to a will?

By customising this document template with FasterDraft you prevent the following risks:

• It is built to satisfy the exact same legal scrutiny as a full will. The present template fully aligns with the requirements of the Wills Act (WA) 1837 and the Mental Capacity Act (MCA) 2005.
• It is cheaper and faster than a solicitor’s drafted document. You get a fully customisable and bespoke legal document at the fraction of the solicitor’s legal costs.
• Suitable for either one or several amendments. This template allows you to introduce one or more amendments and changes to the existing will document.
• Aligned with UK legal context.
• Includes all essential elements. The template covers everything you need for a complete document, along with the attestation field for witnesses’s signatures.

What should a typical codicil to a will template in the UK include?

A standard codicil template must cover a number of the following sections:

• Full identification of the testator;
• Clear identification of the original will — its date and place of signing;
• A precise statement of what’s being changed — clause by clause, rather than a vague, general amendment;
• Confirmation that all other provisions remain in force — expressly preserving everything not touched by the codicil;
• A capacity and voluntariness declaration — confirming the testator understands the amendment and isn’t acting under duress or undue influence;
• Date of execution;
• Testator’s signature;
• Attestation part (identification detail and signatures of two witnesses).

Do not make these common mistakes when creating and signing a codicil to a will in England & Wales

A template for a codicil to a will in the UK should meet the same execution formalities as defined in the Wills Act 1987, as well as the Mental Capacity Act 2005, to ensure it is not being disputed or revoked in the future. The common legal mistakes include the following:

Mental Capacity of the Testator

The testators must undergo the same mental capacity test to meet the criteria of the Mental Capacity Act 2005 (supplemented by Banks v. Goodfellow common law test) again while making the codicil. All in all, it is not enough for the testator to be mentally capable on the date of signing the original will but also on the date of signing each codicil.

In particular, the testator should be able to understand the nature of the act, the extent of the estate, and the claims of those who might reasonably expect to benefit, without any disorder of mind distorting that judgement. If the testator believes that his general mental capacity can be challenged, it is better to attach an appropriate medical assessment performed by a medical professional prior to the date of execution of the codicil. While this is not a legal requirement, it is a sound practical tip that ensures your peace of mind.

Avoid gifting witnesses

Under section 15 of the WA 1837, any gift made in favour of an attesting witness, including their spouse or civil partner, becomes void. However, such limitation does not apply to the witness’s right to inherit any residuary estate under the will or codicil.

Codicil does not revive the revoked will

Even if the testator creates the codicil by amending the will which has been previously revoked, such a codicil does not revive the will unless a codicil includes specific wording with an intention to revive it (Section 22 of the WA 1837).

Doctrine of republication

A validly executed codicil is treated, for most legal purposes, as republishing the will as of the codicil’s date — a well-established common law principle operating alongside Section 22 of the WA 1837. All in all, the will, along with the codicil, will be interpreted in line with the laws which have existed starting from the date of signing the codicil, rather than the will. For example, it can affect the interpretation date for certain gifts or limitations on conditions for giving a gift.

Lasting Power of Attorney

If a testator has any existing lasting power of attorney to deal with property or financial affairs on his/her behalf, such a power of attorney should be additionally revised each time the amendment to the will is being introduced to ensure consistency in the estate planning.

Multiple codicils

While there is no statutory limit on how many codicils you can add. However, from the practical point of view, the more codicils you make, the following risks may arise:

• Provisions become genuinely inconsistent, and it may not be clear how they interact with an earlier one, which can create real ambiguity about which version governs
• A codicil goes missing, which means losing even one can mean a change you intended never actually takes legal effect.
• Executors face unnecessary complexity when dealing with multiple codicils;
• Difficulties in understanding the genuine will of the testator which serve as a ground for court disputes in the future.

How to use this codicil to a will template in the UK?

To get a fully customisable document template, follow the steps below:

1. Click “Create Document” to open the questionnaire.
2. Fill in the questionnaire.
3. E-sign online.
4. Make a payment.
5. Digitally download the final document in Word or PDF format.
6. Check the document for any inconsistency with the original will document.
7. Print the codicil out and sign it in the presence of two independent witnesses, present together.
8. Make witnesses put their signatures in the attestation form attached to this template.
9. Store the codicil with your original will.
10. Inform your appointed executors about both documents’ existence.