A Codicil to Will is often used when someone wants to change one part of an existing Will without starting again, but the signing stage is where a seemingly simple amendment can go wrong. In England, a codicil must follow the same formal signing and witnessing process as a Will under the Wills Act 1837, so an incorrectly witnessed document can leave the intended change ineffective.

There is also a particular trap where a beneficiary acts as an attesting witness, because the gift to that person can be affected even though the codicil itself may remain valid. When the testator later dies, the original Will and its codicils become part of the probate process, making careful execution and safe storage especially important. A properly structured Codicil to Will template gives you a practical way to record the intended amendment while keeping the execution requirements in view.

Codicil to Will Template (PDF, Word & Printable Formats)

Get PDF | WORD

When a Codicil Makes More Sense Than Rewriting the Will

A codicil can suit a small change to an existing Will. The testator may want to change one gift or another specific provision. A codicil lets the rest of the Will continue alongside the amendment.

The situation becomes harder when the testator makes several codicils. Each new document needs to work with the earlier documents. A later codicil that ignores an earlier one can create uncertainty.

For example, a second codicil might confirm a Will dated 1 January but say nothing about a first codicil dated 1 June. The estate may then face questions about which provisions still apply. The verified facts identify High Court interpretation or construction proceedings as a possible result.

For a small and clear amendment, a codicil can therefore work well. Where many provisions need changes, the testator should take extra care with the relationship between every document.

The Details That Must Tie the Codicil to the Existing Will

The codicil should name the existing Will and give its date. If earlier codicils exist, the document should identify them too. This gives the Probate Registry a clear record of which testamentary documents belong together.

The verified facts identify this wording for the confirmation clause:

“In all other respects I confirm my said Will [and prior Codicils]”.

The source links this wording to the common-law doctrine of republication. It states that a valid confirmation clause confirms and re-dates the original Will to the date of the codicil. The clause can therefore affect how the documents work together.

A codicil should not look like a loose note added to a Will. It should clearly show which Will it changes and what happens to the remaining provisions.

Signing the Codicil: Where Small Execution Errors Become Major Problems

The signing stage can decide whether the codicil works. Section 9 of the Wills Act 1837 requires the codicil to be in writing. The testator must sign it, or another person must sign in the testator’s presence and at their direction. The testator must intend the signature to give effect to the codicil.

Two or more witnesses must also attend at the same time. They must attest and sign the codicil. The witnesses cannot simply sign at separate times as a matter of convenience.

The verified facts identify a specific failure. The testator may sign before one witness, while the second witness signs later. Another problem can occur when a witness signs outside the required presence or line of sight of the testator. The source states that these errors can invalidate the codicil under section 9.

The source also refers to Cousins v Phillips [2020] in this context. The safest approach is to follow the execution block carefully.

For the statutory wording, see Wills Act 1837.

The Witness Who Is Also Receiving a Gift

Section 15 creates a separate problem when a beneficiary acts as a witness. The verified facts state that the codicil remains valid in this situation. However, the gift to the beneficiary becomes void. The same rule applies where the beneficiary’s spouse or civil partner acts as the witness.

This distinction matters. A beneficiary witness does not necessarily destroy the whole codicil. Instead, the rule affects the gift or bequest made to that person.

The practical choice is simple: use independent witnesses who do not receive gifts under the codicil. That avoids the specific section 15 problem identified in the verified facts.

Testamentary Capacity and Knowledge of the Amendment

The testator needs the required mental capacity when they sign the codicil. The verified facts use the test from Banks v Goodfellow [1870]. The testator must have sound mind, memory and understanding. They must understand the nature of the act, the extent of their property and the potential moral claims on their estate.

Capacity can become a major issue when a codicil changes gifts shortly before death. The source identifies old age, illness and late changes to executors or gifts as circumstances in which people may challenge a codicil.

A dispute can then move beyond the document itself. The verified facts identify lack of capacity, undue influence, lack of knowledge and approval, and fraudulent calumny among the contentious probate issues that may reach the High Court.

The key point is that a signature alone may not settle a later capacity dispute.

What Happens to the Codicil After It Is Signed?

During the testator’s lifetime, the codicil remains a private testamentary document. The verified facts state that the testator does not need to file, record or register it with HMCTS, Companies House or HM Land Registry.

The source also identifies the National Will Register as an optional place to record the existence and location of the codicil. It does not give that registration any statutory effect on validity.

Storage still matters. Keep the original Will and codicil safely together. Do not attach them with paperclips, staples, pins or tape. The source states that marks from those items can lead to a Probate Registry requisition. The executors may then need an Affidavit of Plight and Condition.

For official probate information, see GOV.UK probate guidance.

When the Original Codicil Reaches Probate

After the testator dies, the executors must submit the original codicil with the original Will when they apply for the Grant of Probate. The verified facts identify the Non-Contentious Probate Rules 1987 (SI 1987/2024) in connection with this process.

The original documents can also raise questions about execution. If the attestation evidence creates a problem, the source identifies an Affidavit of Due Execution as a possible requirement. If the documents show signs that another document may have been attached and removed, an Affidavit of Plight and Condition may become necessary.

This makes document storage more than a simple filing issue. The condition of the original papers can affect what evidence the executors need to provide during probate.

Multiple Codicils: The Point Where Amendments Start Creating Conflict

Several codicils can make an estate harder to interpret. One example from the verified facts involves a second codicil that confirms the original Will but fails to mention a first codicil. Another involves amendments that conflict with provisions in the original Will.

These problems can leave uncertainty about which provision controls. The source identifies the possibility of High Court interpretation or construction proceedings under CPR Part 64. Such proceedings can add cost and delay to the estate administration.

A later codicil should therefore take earlier codicils into account. Clear references can make the sequence easier to understand when the documents reach probate.

Marriage or Civil Partnership Can Change the Position Completely

A later marriage or civil partnership can affect the Will and earlier codicils. The verified facts identify section 18 of the Wills Act 1837 as the relevant rule.

The source gives a specific warning. If the testator makes a codicil and later marries or enters a civil partnership without the relevant express contemplation wording, the Will and preceding codicils may face revocation by operation of law.

This issue deserves attention when a testator expects to marry or enter a civil partnership after making the codicil. The drafting should reflect that planned event where the supplied rule applies.

For the statutory provision, see Wills Act 1837, section 18.

Family Provision Claims Can Still Challenge the Estate Outcome

A codicil can change the way an estate passes. It does not remove the statutory family provision claims identified in the verified facts.

The Inheritance (Provision for Family and Dependants) Act 1975 allows the eligible claims described in the supplied facts. These include claims by spouses, children and cohabitants who face prejudice or disinheritance because of the codicil.

The source states that an eligible claimant can bring the claim within six months of the grant of probate.

That creates an important distinction. A testator can change a gift through a codicil, but that change does not automatically stop a statutory family provision claim. The two matters operate separately under the rules provided.

When a Codicil Ends Up in the High Court

The Probate Registry deals with non-contentious probate matters. The verified facts identify it as the body that handles grants of probate and execution or condition requisitions under the Non-Contentious Probate Rules 1987.

Contentious disputes can move to the High Court of Justice, Chancery Division / Business and Property Courts. The source identifies several possible disputes. These include lack of testamentary capacity, undue influence, lack of knowledge and approval, fraudulent calumny, rectification and family provision claims.

The County Court can also hear lower-value contentious probate and 1975 Act claims within the stated limits. The source notes that many claims move to, or start in, the Chancery Division.

The forum therefore depends on the type and value of the dispute.

Rectification: When the Document Does Not Reflect the Testator’s Instructions

A codicil may contain a clerical error or fail to reflect the testator’s instructions. Under Section 20 of the Administration of Justice Act 1982, the High Court possesses the statutory power to rectify a codicil if it fails to carry out the testator’s intentions due to a clerical error or a failure to understand the testator’s instructions.

The source states that the High Court application must take place within six months from the date when the Grant of Probate was first taken out.

Rectification is different from making another codicil. A new codicil creates another testamentary amendment. Rectification asks the court to correct the existing testamentary instrument within the circumstances covered by section 20.

That difference matters when a document contains an error that does not reflect what the testator actually instructed.

A Codicil Dispute Can Stop the Probate Process

Under Rule 44 of the Non-Contentious Probate Rules 1987, a disgruntled beneficiary can lodge a Caveat at the Probate Registry. This strictly blocks the issuance of a Grant of Probate for six months, halting all estate administration until the validity dispute is resolved.

The supplied facts state that a caveat blocks the issue of a Grant of Probate for six months. They also state that the caveat can be renewed. This can stop estate administration while the dispute develops.

For executors, the practical effect can be serious. They may need to wait while the parties address the codicil dispute. If the parties cannot resolve the issue, the dispute may proceed to the Chancery Division.

Practical Legal Requirements Table

The table shows why execution deserves close attention. A beneficiary witness creates a different problem from defective witnessing. Section 15 affects the gift to the witness. Section 9 can affect the validity of the codicil itself.

The Will identification rule also has a practical purpose. If the codicil does not clearly connect to the correct Will and earlier codicils, the estate can face questions at probate. The source identifies requisitions, affidavit evidence and possible High Court proceedings as consequences of serious uncertainty.

The original documents matter too. Executors must submit the original Will and codicil. Problems with the attestation or physical condition can create additional evidence requirements.

Common Codicil Mistakes That Create Probate Problems

A beneficiary acting as a witness is one of the clearest mistakes. The section 15 rule can make that person’s gift void. The codicil itself can remain valid, but the intended benefit can disappear.

Witnesses also need to follow the required signing process. Separate signing can create a section 9 problem. The verified facts state that this can invalidate the codicil and leave the original Will in place without the intended amendment.

Drafting errors can cause another set of problems. The codicil should identify the Will and earlier codicils. It should also include the confirmation wording. Conflicting amendments can leave the estate with uncertainty about which provision applies.

Storage also deserves care. Do not attach the codicil to the Will with staples, pins, tape or paperclips. The source identifies marks from these items as a possible reason for an Affidavit of Plight and Condition.

Finally, a later marriage or civil partnership can affect the Will and preceding codicils. A codicil also does not remove the family provision claims identified under the 1975 Act.

Codicil to Will FAQs

Does a codicil have to identify the date of my existing Will?

Yes. The verified facts state that the codicil must clearly identify the existing Will by its date. The document should also identify previous codicils where relevant.

Can a beneficiary witness my Codicil to Will?

Yes, but under Section 15 of the Wills Act 1837, doing so automatically voids any gift or legacy left to that beneficiary. The codicil itself will remain valid, but the witness (or their spouse/civil partner) completely forfeits their inheritance.

Do two witnesses have to sign a codicil at the same time?

Yes. The verified facts state that two or more witnesses must be present at the same time. They must attest and sign the codicil. Separate signing can create a section 9 execution problem.

Do I need to register a codicil during my lifetime?

No filing or registration with HMCTS, Companies House or HM Land Registry is required during the testator’s lifetime under the supplied facts. The National Will Register can record the existence and location of a codicil on an optional basis.