Is a Codicil Valid UK? When to Use One vs Making a New Will
Updated 15 May 2026 · 6 min read · England & Wales
A codicil is a separate legal document that amends, adds to, or partially revokes an existing will. In England and Wales, a codicil is a valid testamentary document under the Wills Act 1837 — but it must meet the same formal requirements as a will, and using one when you should be making a new will is a common source of confusion and dispute.
Legal Requirements for a Valid Codicil
Under s.9 of the Wills Act 1837, a codicil must:
- Be in writing (any medium — typed or handwritten)
- Be signed by the testator at the end of the document (or by someone else in their presence and at their direction if they cannot sign)
- The testator's signature must be made or acknowledged in the presence of two or more witnesses present at the same time
- Each witness must sign in the testator's presence (and in the presence of the other witness)
These requirements are identical to those for a will. A codicil that fails any of these requirements is invalid — and an invalid codicil can in some cases cause doubt about the original will it purports to modify.
A codicil cannot be used to revoke the whole will. A codicil supplements the will — if you want to revoke everything and start again, you need a new will with an express revocation clause. You can also revoke a will by physical destruction (tearing, burning) with the intention to revoke.
What a Codicil Can Do
- Add a new specific legacy (e.g. “I give my watch to my nephew James”)
- Remove or change an existing specific gift
- Change or add a cash legacy amount
- Change the residuary beneficiary or their proportions
- Add, remove, or substitute an executor or trustee
- Add or change a guardian appointment for minor children
- Update a funeral wishes clause
- Revoke a specific clause of the original will
When to Use a Codicil
A codicil is appropriate when the change to your will is:
- Small and targeted — affecting one or two provisions only
- Non-structural — you are not changing the fundamental framework of the will (who gets the residue, who are the executors overall)
- Clear and unambiguous — the codicil can be read alongside the original will without creating contradictions
Example: your original will leaves everything to your spouse. You now want to add a £5,000 legacy to a grandchild. A single-paragraph codicil adding that specific legacy is simple, valid, and proportionate.
When to Make a New Will Instead
A fresh will (with an express revocation clause cancelling all previous wills and codicils) is safer than a codicil when:
| Situation | Why a new will is better |
|---|---|
| Marriage or civil partnership | Marriage automatically revokes a will (s.18 Wills Act 1837) — a codicil to a revoked will is worthless |
| Divorce or dissolution | Divorce revokes gifts and appointments to a former spouse but does not revoke the whole will — a new will avoids ambiguity |
| Multiple codicils already exist | Multiple codicils increase the risk of conflicts and complexity — consolidate into a single new will |
| Major change to residue or executors | Structural changes are clearer in a fresh document read as a whole |
| Blended family / second marriage | Complex family structures need holistic drafting, not piecemeal amendments |
| Significant new assets (property, business) | New asset classes may need trust provisions or specific clauses not suited to a codicil |
How to Draft a Codicil
There is no prescribed form. A valid codicil should include:
- A clear heading identifying it as a codicil to the will (with the date of the original will)
- A reference to the testator's full name and address
- The specific amendment — clearly worded, identifying the clause being changed
- Confirmation that in all other respects the original will stands unchanged
- The date and place of signing
- Signature line for the testator and attestation clause for two witnesses
Example codicil recital:
I, [Full Name], of [Address], declare this to be a Codicil to my Will dated [date].
1. I revoke the gift of £2,000 to [Name] in clause [X] of my Will and substitute a gift of £5,000 to [Name].
2. In all other respects I confirm my said Will.
IN WITNESS whereof I have signed this Codicil on [date].
Storing a Codicil
The codicil must be kept with the original will and submitted to the Probate Registry together — both documents are proved on an application for probate. If the codicil is lost, its contents may be reconstructed by evidence, but this can be expensive and contested. Store both documents in the same place (a fireproof safe or with your solicitor) and tell your executor where they are.
Frequently Asked Questions
Does a codicil need to be witnessed by the same witnesses as the original will?
No. A codicil requires two independent witnesses, but they do not need to be the same people who witnessed the original will. The same rules apply: witnesses must be adults, of sound mind, and not beneficiaries under either the will or the codicil (otherwise the gift to that witness is void under s.15 Wills Act 1837, though the will or codicil itself remains valid).
Can a codicil revoke part of a will?
Yes. A codicil can expressly revoke specific clauses, gifts, or appointments in the original will, or add new ones. It operates by reference to the existing will — it does not stand alone and has no effect if the original will is not valid. If you revoke or alter too many provisions, it is usually better to write a new will.
Does making a codicil revoke the original will?
No — a codicil supplements and modifies the will; it does not replace it. The will and codicil are read together as a single testamentary document. However, if you later make a new will with a revocation clause, that new will revokes both the old will and any codicils to it.
Is a handwritten (holograph) codicil valid in England and Wales?
Yes, provided it meets the Wills Act 1837 formal requirements — it must be in writing, signed by the testator, and witnessed by two independent adults present at the same time. The fact that it is handwritten does not affect validity; all that matters is compliance with the formalities.
Can I change my executor using a codicil?
Yes. A codicil can add, remove, or substitute an executor. The new executor named in the codicil is as valid as if named in the original will. However, if the change is substantial — for example, removing the sole executor and naming a replacement — consider making a fresh will to avoid any ambiguity about which document controls.
What happens if a codicil conflicts with the original will?
Where a codicil and the original will conflict, the later document (the codicil) takes precedence for the provisions it covers. Courts will read both documents together and try to give effect to both — but where they are irreconcilable, the codicil as the later expression of testamentary wishes controls. Ambiguous or conflicting instructions can lead to expensive construction summons proceedings.
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Get the WillSafe Kit →Related Articles
- Codicil to a will — overview
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- When should you update your will?
- Revoking a will
- Revocation of will by marriage
- Does marriage cancel a will?
This article is for general information only and does not constitute legal advice. Always confirm whether a codicil or a new will is appropriate for your circumstances.