A codicil is a legal document used to make amendments to an existing will. Rather than drafting a completely new will, a codicil enables you to make certain changes while keeping the original will intact.
What are the key features of a codicil?
A codicil is not a standalone document; it is supplementary in nature. It is typically attached to and read alongside the original will. A codicil should clearly reference the original will by date and explicitly define which clauses are being modified. A codicil is typically used to make minor amendments to a will, for example, to change who is appointed as an executor, or to add or remove legacies in a will.
The formalities required of a codicil are the same as those required for a will, including how one is executed.
Section 9 of the Wills Act 1837 states that for a will to be valid, it must:
- Be in writing
- Be signed by the testator
Also, the testator must intend, when signing the will, for it to be valid, and the testator's signature must be acknowledged in the presence of at least two witnesses.
If the will or codicil has been properly executed, the presumption is that the will or codicil is valid, unless one of the grounds set out below applies.
Is a codicil legally binding in the UK?
Yes, when properly executed, a codicil is a legally binding document.
Can you revoke a codicil?
Yes, you can revoke a codicil using the same legal methods as a will. A codicil can be revoked at any time during the person's lifetime, provided that they have the mental capacity to do so. The method of revocation must comply with the law, or the codicil may remain valid.
The four ways to revoke a codicil under English law are:
- By making a new codicil or will which includes a revocation clause, expressly revoking any previous codicils (and wills)
- By physical destruction with the intent to revoke, such as burning it
- By marriage or civil partnership
- By written declaration
Further information on revoking a will, which also applies to revoking a codicil, can be found in our guide to revoking a will.
Can a codicil be contested?
Yes, a codicil can be contested on the same grounds as a will - including lack of testamentary capacity, undue influence, lack of knowledge and approval, and forgery or fraud.
What are the consequences of contesting a codicil?
It is important to understand that successfully contesting a codicil does not automatically invalidate the original will - it only invalidates the specific changes made by the codicil. The original will therefore remain in place, as though the codicil had never been made.
This is a crucial distinction. For example, if a codicil was added to remove a beneficiary from a will, and that codicil is successfully challenged, the beneficiary would be reinstated under the terms of the original will.
If the claimant also wishes to challenge the validity of the original will itself, this can be done as part of the same claim. However, the grounds for doing so would need to be established independently - each document is considered on its own merits.
This information is for guidance purposes only and does not constitute legal advice. We recommend you seek legal advice before acting on any information given.
