Codicil vs New Will: Which Should You Choose?

Updated: 16 May 2026 • Reading time: 7 min

Life changes — marriages, divorces, births, deaths, new assets — often prompt people to update their will. The question is whether to add a codicil (a supplement to the existing will) or simply write a brand-new will. Each option has its place, and choosing the wrong one can create serious legal complications.

What Is a Codicil?

A codicil is a formally executed document that amends an existing will without revoking it. It is read together with the original will as a single testamentary instrument. Like a will, it must be in writing, signed by the testator in the presence of two independent witnesses, who must also sign. Those witnesses must not be beneficiaries under the will or its codicil.

Historically, codicils were common because wills were physically expensive to engross and re-execute. Today, with digital drafting, the practical advantage of a codicil over a new will has narrowed considerably.

When a Codicil Makes Sense

• Minor, targeted amendments — changing an executor’s name after they have died or become incapacitated
• Adding a small legacy — leaving a specific sum or item to someone not previously mentioned
• Updating a guardian nomination — if this is a standalone clause with no knock-on effects
• Speed — if the testator’s health is declining and a full new will cannot be arranged in time

The key test: is the rest of the will still valid and does the change affect only one or two isolated clauses? If yes, a codicil is likely appropriate.

When to Write a New Will

A new will is usually the better choice when:

• You have married or divorced — marriage revokes an earlier will in England and Wales; divorce does not revoke the will but removes the former spouse from it
• The changes are extensive — affecting residuary beneficiaries, trusts, or multiple clauses
• You already have multiple codicils — a single new will is clearer and less prone to conflict
• The original will is old or poorly drafted and contains outdated language
• Your asset structure has changed substantially — new property, business interests, overseas assets
• You want to fully revoke all prior testamentary intentions and start fresh

The Risk of Conflicting Documents

The most common danger with codicils is a conflict between the codicil and the original will. If a codicil says “I give my house to my daughter” but the original will says “I give all my real property to my son,” the court must decide which document prevails (generally the later document, but not always if the codicil was intended to be partial).

Other common conflict scenarios:

• The codicil changes a specific gift without adjusting the residuary clause, causing the asset to “fall into residue” unintentionally
• A codicil adds a new trust but uses different trustee provisions than the main will
• Multiple codicils contradict each other and the testator’s true intention becomes unclear

Revocation Clauses

A new will almost always contains a general revocation clause: “I revoke all former wills and testamentary dispositions previously made by me.” This automatically cancels all prior codicils unless the new will expressly preserves them. If you have a codicil you intend to keep alongside a new will, you must say so explicitly in the new will — or simply incorporate its provisions into the new document.

Frequently Asked Questions