Attestation part (identification detail and signatures of two witnesses).<\/li>\n<\/ul>\nDo not make these common mistakes when creating and signing a codicil to a will in England & Wales<\/h2>\n
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:<\/p>\n
Mental Capacity of the Testator<\/h3>\n
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.<\/p>\n
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.<\/p>\n
Avoid gifting witnesses<\/h3>\n
Under section 15 of the WA 1837<\/em>, 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.<\/p>\nCodicil does not revive the revoked will<\/h3>\n
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<\/em>).<\/p>\nDoctrine of republication<\/h3>\n
A validly executed codicil is treated, for most legal purposes, as republishing the will as of the codicil’s date \u2014 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.<\/p>\n
Lasting Power of Attorney<\/h3>\n
If a testator has any existing lasting power of attorney<\/em><\/a> 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.<\/p>\nMultiple codicils<\/h3>\n
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:<\/p>\n