Making changes to a will

Our private client team will be happy to review your will to ensure it is still appropriate for your current circumstances.

Changing the provisions of a will can be done in one of two ways:

• Making a codicil to your will; or
• Making a new will

Making a codicil to a will

A codicil is a legal document that makes alterations to an existing will. You must sign a codicil and have it witnessed in the same way as witnessing a will. However, you do not need to use the same witnesses that witnessed your original will.

Generally speaking, a Codicil should only be used for making minor additions or amendments to the will. If you intend to major changes to your will, a new will would be more appropriate.

There are several good reasons for making a codicil:

• Removing an executor or changing an executor to your will.
   
• Making minor alterations to your wishes and the distribution of assets. For example, you may wish to add or remove a gift or amend who receives a share of your residuary estate.
   
• Updating your funeral wishes.

Making a codicil is, of course, cheaper than having a new will drafted. However, there are some disadvantages to making a codicil:

• There is a risk that the codicil can be missed by your executors unless it is stored in a secure place, such as in a safe or at your solicitors’ office.
   
• When you pass away, a codicil and your original will become public documents once a grant of probate has been issued. This might be something to think about if you were to remove a gift to someone, as it could cause contention.
   
• If there are multiple codicils and one is missing, it may be impossible to confirm the testator’s wishes.
   
• The disadvantage of having a codicil to your will, consideration may not have been given to whether the will is still appropriate to your current circumstances. Issues such as inheritance tax may not have been addressed, and the original will may no longer be appropriate.

Writing a new will

Writing a new will is the best option if you wish to make significant changes to your will. It is good practice to review your will regularly, as well as after any major changes in your life, for example:

• Divorce or separation
• Marriage or civil partnership
• Moving home
• If an executor or beneficiary named in your will dies
• Inheriting property or money from someone else
• Having a child or a grandchild
• Owning property or assets outside England and Wales

Updating a will means writing a new will. Once a new will has been completed, to avoid confusion, an old will should be marked clearly that it has been revoked by a later will, or the old will should be destroyed.

It would be best to seek advice from a solicitor in respect of drafting your new will.

Once you have updated your will, be sure to tell your executor where the new will is stored so they can make contact when it is necessary.

Update your will with SO Legal

Whether you decide to make a codicil or make a new will, seeking a solicitor’s advice can avoid problems after your death.

It is particularly important that you use a legal professional if your circumstances are complex. For example, there may be issues in respect of inheritance tax, a complex family structure, or perhaps you own a business that forms part of your estate.

Our private client team will be delighted to assist you with updating or making a codicil to your will to ensure your and your family’s interests are protected in the future.