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Are Codicils Worth the Paper They’re Written On?
22 September, 2026 5 minutes reading time
We probably all have that classic TV drama scene burned into our minds: the grieving family gathers in a wood-panelled room for the dramatic ‘reading of the Will.’ Suddenly, the solemn lawyer clears their throat and drops a bombshell: a mysterious, handwritten codicil drafted at the eleventh hour that changes everything, disinheriting the scheming nephew in favour of the loyal friend.
In the real world, ‘readings of the Will’ rarely happen like that. And neither should your estate planning decisions.
Life changes constantly. People marry, divorce, welcome children or grandchildren, buy property, or simply change their minds about who should receive a family heirloom. When those milestones happen, your Will needs an update.
However, should you add a codicil, or is it time to write a new Will? Let’s break down how each works, their pros and cons, and how to decide what’s best for you.
First Things First: What Exactly Is a Codicil?
Think of a codicil as an official ‘add-on’ or amendment to an existing Will. Rather than rewriting your entire document from scratch, a codicil lets you alter, add to, or revoke a specific clause or part of your Will while leaving the rest intact.
Historically (before computers, word processors, and cloud storage), codicils were a lifesaver. If a legal document ran to 15 pages and was typed on an old manual typewriter or written by hand, retyping the whole thing just to change an executor’s name was tedious and costly. A quick one-page codicil solved the problem.
Today, however, the landscape has changed dramatically.
The Catch: A Codicil Isn’t a Shortcut
A common myth is that a codicil is a quick, informal note you can scribble on a scrap of paper and tuck alongside your Will. In reality, a codicil must meet the exact same strict legal execution requirements as a Will:
- It must be formally drafted.
- It must be signed and dated.
- It must be witnessed by two independent adults present at the same time who are neither beneficiaries nor the spouses/civil partners of beneficiaries under the Will or the codicil.
If you don’t follow these rules, the codicil may be invalid, leading to disputes you wanted to avoid.
Codicils: The Pros and Cons
The Advantages:
- Targeted tweaks. Ideal for small, single-issue adjustments (such as updating the surname of an executor or substituting an alternate executor who has moved away or passed away).
- Speed (sometimes). If you are only updating one minor administrative detail, a professional can occasionally prepare a quick codicil faster than an overhaul.
The Pitfalls:
- Risk of confusion and contradictions. If a codicil isn’t worded with extreme precision, it can contradict clauses in the original Will, leaving your executors unsure of your true intentions.
- Separation and loss. A codicil is a separate document. If it is misplaced, separated from the original Will, or accidentally lost, the probate court will administer your estate as if the changes never existed.
- Family friction and visibility. A codicil doesn’t erase what was there before; it attaches to the original Will. If you use a codicil to remove a family member or reduce someone’s share, they will see that they were originally included and subsequently cut out or downgraded. A new Will keeps prior versions private.
- Marginal cost difference. In most cases, drafting a clean new Will costs virtually the same as properly drafting and executing a codicil.
When Does a New Will Make More Sense?
In modern legal practice, drafting a new Will is almost always the preferred, cleaner option. A new Will typically includes a standard revocation clause that formally revokes and replaces all prior Wills and codicils, creating a single, definitive source of truth.
A new Will is strongly recommended if you are:
- Dealing with major life transitions. Marriage or entering a civil partnership automatically revokes an existing Will under English law (unless drafted in specific contemplation of that union), meaning a codicil is legally insufficient anyway. Divorce, separation, or welcoming a child or grandchild also warrant a fresh document.
- Making significant changes to your assets. Buying a home, starting or selling a business, or experiencing a major shift in wealth.
- Changing primary beneficiaries. Substantially altering how your residuary estate (the bulk of your assets) is divided.
- Managing multiple updates. ‘Stacking’ multiple codicils on top of an older Will is a recipe for legal confusion, probate delays, and potential disputes.
Our Advice
Although codicils are suitable for simple administrative adjustments, creating a new Will remains the best option for peace of mind. Creating a clean, updated Will removes ambiguity about your wishes. Your executors won’t have to piece together multiple papers, and your family won’t be left guessing. They will avoid the TV-style courtroom drama altogether.
For more information or assistance with Wills or LPAs, feel free to contact us. We’re 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.
