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Codicil to a Will
England & Wales
A formal codicil to amend or supplement an existing Will, executed with the same formalities as the original Will under section 9 of the Wills Act 1837. Covers revocation and substitution of gifts, addition of new gifts and legacies, change of executor, change of guardian, and any other amendment. Includes full attestation clause with dual witness blocks.
What's included
- ✓Revocation and substitution wording
- ✓Additional gift and legacy wording
- ✓Executor and guardian amendment blocks
- ✓Dual witness attestation block
Recent legal changes
A codicil is governed by the same formal requirements as a will under section 9 of the Wills Act 1837 — it must be in writing, signed by the testator, and witnessed by two adults present at the same time. The Wills Act has been amended over time (most recently by the temporary remote-witnessing provisions during 2020–2024) but the core formalities remain unchanged for documents executed in 2026. A codicil that meets section 9 republishes the will from the date of the codicil, which can affect statutory rules that depend on the date of the will. This template is drafted to meet the section 9 formalities in full and is suitable for use in England and Wales only.
What is a Codicil to a Will?
A codicil is a written document that adds to, alters, or revokes part of an existing will without replacing the will entirely. Under section 9 of the Wills Act 1837, a codicil must be in writing, signed by the testator (or by another person at the testator's direction in their presence), and witnessed by two adults present at the same time who must each sign in the testator's presence. A properly executed codicil "republishes" the will from the date of the codicil, meaning the will is treated as having been made on the codicil's date for the purposes of statutory rules that depend on the date of the will. This template provides a complete codicil that meets the section 9 formalities and includes clear cross-referencing to the original will.
When do you need one?
Use a codicil when you want to make a minor change to an existing will — swapping an executor, increasing or decreasing a specific monetary legacy, adding a new specific gift, changing the named guardian for minor children, or removing a beneficiary who has predeceased you. Codicils are not appropriate for major changes or for changes that materially affect how the residuary estate is divided — in those cases, a fresh will is safer and clearer. Modern estate planning practice often advises a fresh will even for moderate changes, because multiple codicils can create ambiguity, can become physically separated from the will, and increase the risk of partial intestacy if a codicil is lost. This template should be kept securely with the original will. If there is any doubt about whether a codicil or a fresh will is appropriate, you should take legal advice before executing it.
Last updated: 1 May 2026
Frequently asked questions
Does a codicil need to be witnessed in the same way as a will?
Yes. Section 9 of the Wills Act 1837 applies equally to wills and codicils. The codicil must be in writing, signed by the testator (or by another person in the testator's presence and at their direction), and witnessed by two adults who are both present when the testator signs and who each sign in the testator's presence. A witness must not be a beneficiary under the codicil or married to or in a civil partnership with a beneficiary — if they are, the gift to that beneficiary fails under section 15 of the Act, even though the codicil itself remains valid.
When should I use a codicil, and when should I make a fresh will instead?
A codicil is appropriate for small, isolated changes — replacing an executor, adjusting a specific legacy, adding a charity to a list of legatees. It is rarely the right choice for changes that affect the structure of the will, the residuary estate, the trust provisions, or multiple clauses at once. Multiple codicils are particularly risky: they create a chain of documents that must be read together, increase the chance that one will be lost, and can inadvertently revive earlier provisions that the testator intended to revoke. As a general rule, if you find yourself drafting a second codicil, consider making a fresh will instead.
Does the codicil revoke the original will?
No — that is the essential difference between a codicil and a fresh will. A codicil amends the existing will to the extent of any inconsistency, but everything in the original will that the codicil does not change remains in force. The codicil "republishes" the will from the date of the codicil, which means that for the purposes of statutory rules — for example, the effect of marriage on a will under section 18 of the Wills Act 1837, or the dating of beneficiaries' interests — the will is treated as having been made on the codicil's date. Where the codicil revokes a specific gift entirely, that revocation is effective as of the codicil's date, and the gifted asset falls into residue.
Can a codicil be challenged in the same way as a will?
Yes. The grounds for challenge are the same: lack of testamentary capacity (under the common law test from Banks v Goodfellow, supplemented by the Mental Capacity Act 2005), lack of knowledge and approval, undue influence, fraud, or improper execution. A codicil can also be challenged separately from the will — if the codicil is invalidated, the original will (or any earlier valid codicil) revives in full. This is one reason codicils require the same care as the original will: a poorly executed codicil that fails to make the change the testator wanted can leave the estate in a worse position than if no change had been attempted.