Wills can be updated and changed multiple times. After all, it is unrealistic to assume things will remain the same in someone’s life for many years. A codicil to a will comes into play when you wish to change a will but do not want to change the official document for whatever reason.
What is a Codicil to a Will?
A codicil to a will attaches to an existing will and references specific clauses within it that are to be changed. This could be a small detail or something much more significant. You may wonder why people would attach this document to a will rather than updating the will itself, and the answer is to save time.
How Should a Codicil be Written?
A codicil to a will can be other typed or handwritten. It should have a declaration at the top, stating it is a codicil, and reference the document it is intended to change. The changes to be made must be clearly detailed, and the codicil document must be signed and witnessed by two witnesses to make it legal. This is the same when you sign a will.
When is a Codicil Needed?
Many potential situations could call for a change in your will. Here are just some examples:
- The death of a beneficiary
- The estrangement of a beneficiary
- The birth of a new potential beneficiary
- The death or illness of the executor
- A significant change regarding assets
- A divorce or marriage
You could have a variety of all of the above in a lifetime, and changing your will each time could seem extreme. This is often the reason people opt for a codicil to a will. Re-writing a will every time the family grows or shrinks can be tedious and time-consuming, and a codicil is a quicker solution.
Is it Okay to Hand Write the Changes?
You may wonder if you can simply cross out and re-write the changes in your will. This should never happen and will render the will invalid. It will not be easily proved that you made these changes, and it could be implied that a relative with an ulterior motive made the changes. It can and does happen, unfortunately. It will also leave your will looking messy and even illegible, which means it could easily be challenged at probate.
Why are Codicils Rarely Used Now?
Thanks to technology, many wills are written digitally now. Therefore, a codicil to a will does not have the same time-saving advantage. The price difference between a codicil and a new will is also not enough to warrant opting for one when you have a digital will.
For professional will writing advice, contact Probate a Will on 0203 9859554.
