Once your Will has been signed and witnessed, you cannot make any amendments or changes to it. If you do, you could accidentally compromise your Will’s legal validity. The only way you can change a completed Will is by making a formal amendment through a separate document called a Codicil.
Does writing on a Will invalidate the document?
Yes, writing on a Will is one of the easiest ways to accidentally compromise its legal validity, as, under the law, a Will should not be altered after it has been formally signed and witnessed. If you write on your Will at any point after the signing and witnessing process, you may invalidate the whole document. This includes making notes on the back or in the margins, or crossing out text.
Other ways that Wills are commonly invalidated by accident include pinning, stapling, glueing, and attaching things to the document.
The only way to formally alter a Will is by making an official amendment through a separate document called a Codicil. If you wish to make changes that are more than minor, a new Will should be drawn up to ensure the document is valid and properly revokes all previous Wills and Codicils.
What is a Codicil and what is it used for?
A Codicil serves as an appendix to your original Will. Like a Will, to be legally valid, a Codicil must be signed by the person making it in the presence of two witnesses, and vice versa. The witnesses must be over the age of 18, of sound mind, and cannot be a beneficiary or the spouse or partner of a beneficiary.
A Codicil must be kept with the original Will, so it is not overlooked, but should never be physically attached to the Will, for example, with staples or even with paperclips.
What changes are considered ‘minor amendments’ suitable for a Codicil?
- Replacing an executor who has died or is unable to act
- Updating an existing beneficiary’s name if they have married or divorced
- Adding or removing specific small gifts
- Updating requests regarding funeral arrangements
What changes are not suitable for a Codicil?
- Significant changes to beneficiaries
- Multiple or complex changes
Having too many changes in a Codicil increases the risk of inconsistencies, which can lead to confusion and even disputes. For this reason, it is often safer and more appropriate to draft a new Will where changes are more significant.
Why update your Will?
The Law Society recommends that you review your Will at least once every 3-5 years to ensure that it is still valid and reflects your current circumstances and wishes.
Events that may result in your Will requiring amendment include:
- Birth or adoption of children or grandchildren (or their coming of age).
- Changes in relationships for you and/or your family, such as marriage, co-habitation, divorce or separation.
- The mental and physical health, or death, of a beneficiary, executor or guardian.
- Changes in your financial circumstances, such as an increase or decrease in the value of your assets, the purchase or sale of property, inheritances or windfalls.
- Changes in your wishes regarding who you would or would not like to benefit from your estate.
Additionally, significant inheritance tax changes occurred in 2017, so you may wish to have your Will reviewed to ensure that there are no trusts or clauses in it which could prevent your estate from benefiting from tax-saving opportunities.
How should I store my original Will and Codicils?
When you die, your original Will must be submitted to the courts to allow your executors to begin administering your estate. The only Will valid for submission to the courts is the original paper document signed by you and your witnesses. The same applies to any Codicils you might have.
If your executors cannot locate your original Will and/or Codicil, then the courts will progress the administration of your estate as if you had died without making a Will at all. Your estate would be administered according to the default law of intestacy, and all your work in preparing a Will would essentially go to waste.
It is therefore very important that you keep your original documents safe and ensure your executors know where they are located. If you have used a solicitor to draft your Will, your solicitor will often offer to securely store your original Will for you, to avoid the risk of any documents being lost.
How we can help if you need to make amendments to your Will
If you would like to make changes or additions to your Will, we can advise whether they would be suitable for a codicil or whether a new Will would need to be drawn up and the old Will revoked. To get a quote or arrange an appointment, please contact our Wills, Trusts and Estate Administration team on 0118 975 6622 (Lower Earley) or 01491 570 900 (Henley).