Amending Your Will

25 September, 2025 4 minutes reading time

Are Codicils a Good Idea?

Life constantly changes, and sometimes your last Will needs updating to reflect new circumstances. When you need to make a minor change to an existing Will, you might consider using a codicil. But are they really a good idea?

A codicil is a separate legal document that officially amends, rather than replaces, a previously executed Will. Although they may seem like a quick fix, they often lead to complications that make them a risky choice.

The Argument Against Codicils

Using a codicil can lead to significant problems during probate, primarily because it raises the likelihood of errors and confusion.

1. Increased Risk of Contradiction and Confusion

The main concern is the risk of confusion or inconsistency. A codicil must be read alongside the original Will. If the codicil’s wording is not entirely clear or directly contradicts a clause in the original Will, it causes uncertainty.

Moreover, there is no limit to how many codicils a person can add. However, having multiple codicils can create a confusing collection of amendments that might contradict each other—or even the Will itself.

This resulting ambiguity often requires court interpretation, resulting in:

• Higher legal costs.
• Delays in distributing assets.
• Family disputes over your intentions.

2. Higher Risk of Loss or Mismatch

You must keep the codicil with the original Will to ensure it is valid. If one document is lost or becomes separated, the probate court might find it difficult to determine your true final wishes. The process then becomes complicated, and the court may only work with the documents it can find.

3. Execution Requirements Are Strict

A codicil is not just a signed note. It must be executed with the same formal legal requirements as the original Will, including proper witnessing and signing. People often attempt to create a codicil informally, which can invalidate the document and potentially render your entire Will vulnerable to challenge.

4. Absence of a Thorough Review of Your Will

When you prepare a Codicil to amend your Will, you naturally concentrate on the specific changes or additions you wish to make without reviewing the entire document. This can lead to overlooking subtle inconsistencies or contradictions between your original Will and the Codicil, which may result in disputes among beneficiaries and legal challenges.

When a Codicil Might Make Sense

While a new Will is almost always the preferred option, a codicil might be suitable in limited circumstances. For example:

For a Single, Minor Change: If you need to make just one very small, non-controversial adjustment—such as correcting a minor factual error (like a street address) or changing the name of a non-fiduciary beneficiary—a carefully drafted codicil may be suitable.

When Challenging Capacity Is a Concern: In situations where the Testator’s (the person making the Will) capacity or susceptibility to undue influence might be questioned, a new Will can be vulnerable to a challenge that could invalidate the entire document. In contrast, a simple codicil makes only a limited change, meaning any successful challenge only affects the codicil, leaving the substance of the older, presumably sounder Will intact.

Crucial Note: This careful use of a codicil is complicated and should only be carried out under the direct supervision of a qualified lawyer who can properly record the Testator’s capacity at the time of signing.

When Should You Consider Creating a New Will?

In most cases, drafting a new Will that explicitly revokes all previous Wills and codicils is the safer and more precise choice.

Type of Change	Recommended Action	Reason
MINOR CHANGE (e.g., updating an address, adding a small specific gift)	New Will (preferred) OR Codicil (if language is simple)	A new Will ensures a single, cohesive document. If you use a codicil, the language must be precise.
MAJOR CHANGE (e.g., changing the executor, removing a beneficiary, significant asset reallocation)	New Will	Minimises confusion; a new Will cleanly supersedes all prior instructions
MULTIPLE CHANGES (over time)	New Will	Avoids a "patchwork" of documents (a Will and multiple codicils) that become difficult to manage and interpret.

The Clarity Advantage

A new Will provides a single, clear document that clearly states your most recent wishes. It eliminates confusion over which document controls specific assets or instructions, offering you and your family greater peace of mind.

Our Advice

While codicils may initially save time and money, their potential for causing confusion, legal conflicts, and prolonged probate makes them a poor long-term solution for estate planning. Always seek advice from specialist estate planning lawyers before modifying your Will. They can help determine if a codicil suits your simple, specific needs or if creating a new, clear Will would better ensure your wishes are carried out smoothly and without dispute.

For more information or assistance with Wills or LPAs, feel free to contact us. We are here to help.

 

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

Partnerships & Accreditations