Amending an existing will

Hello there. I would be happy to help you with your question about changing your will.

Legal position:

Yes, you absolutely can change your will without completely starting from scratch. You can do this by creating a legal document called a codicil. A codicil acts as an addition or an amendment to your original will. It allows you to alter specific parts, add new instructions, or remove certain clauses, while keeping the rest of your original will intact.

How a codicil works:

To be legally valid in England and Wales, a codicil must meet the exact same strict legal requirements as your original will. It must be in writing, signed by you, and witnessed by two independent adults who are present at the same time. The witnesses, or their spouses, cannot be people who benefit from the will or from the codicil.

Once it is signed and witnessed correctly, the codicil must be kept safely alongside your original will. You should never physically attach it to the original document using staples, pins, or paperclips, as leaving indentations or rust marks on an original will can cause problems and questions at the probate registry later on.

Practical considerations:

While a codicil is a perfectly valid legal tool, it is important to think about whether it is the safest and most sensible choice for your situation.

A codicil is usually best for very small, straightforward changes. Good examples include updating the name or address of an executor, replacing a single executor who has passed away, or adding a small, specific cash gift to a person or a charity.

However, writing a completely new will is often the better approach nowadays, even for relatively small changes. Here is why:

1. Clarity. If you make complicated changes, or if you have more than one codicil, reading the documents together can become very confusing for your executors. Mistakes and misunderstandings are more likely to happen.
2. Avoiding loss. Because a codicil is a separate piece of paper, there is a very real risk it could be separated from the main will and lost, meaning your updated wishes would not be followed.
3. Privacy. If you are removing someone from your will, a codicil means they will still be named in the original document, and they will be able to see that you cut them out. A fresh will keeps your final choices private.
4. Ease. In the past, wills were written out entirely by hand, so writing a short codicil saved a lot of time. Today, drafting a fresh will is usually very quick and relatively inexpensive.

Practical next steps:

1. Look at the changes you want to make. If it is a tiny tweak, a codicil might do the job. If you are changing who gets the bulk of your estate, altering percentages, or removing someone entirely, it is much safer to make a new will.
2. Draft the document. If you decide to go ahead with a codicil, ensure it clearly states the date of your original will and explicitly references which sections you are changing.
3. Gather your witnesses. Remember to have two independent adults ready to watch you sign the codicil or the new will, just as you did before.
4. Store it safely. Put the new document in the same safe place as your original will, and make sure your executors know where to find both pieces of paper. If you write a completely new will, you should safely destroy the old one so there is no confusion.

I hope this helps make your options a bit clearer. Please let me know if there is anything else I can help you with.