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This is the codicil to my will dated
I hereby amend my will as follows:
In all other respects I confirm my will.
Signed:
Dated:
saw this codicil signed by in presence and it is signed by:
| Signed:
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| Dated: | |
Witness' name: | |
Witness' address: | |
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| Witness' occupation: |
Set out how your estate should be distributed
Set out how your estate should be distributed after your death
Appoint someone to act on your behalf while you have capacity
Outline your wishes for refusing future medical treatment
This Codicil template covers:
which will the Codicil applies to and any previous Codicils you’ve made to your current will
the changes you’re making to your will, including the option to:
add, remove, or change a gift
appoint, remove, or replace an executor
appoint, remove, or replace a guardian
appoint or remove beneficiaries of your residuary estate
record a beneficiary’s, executor’s, or guardian’s name change
record a beneficiary’s, executor’s, or guardian’s change of address
update your burial or funeral wishes
make any other change you wish (if choosing this option, make sure you draft your change carefully. Alternatively, you can get help drafting your Codicil)
signing your Codicil and confirming that everything in your will (as amended by previous Codicils) that hasn’t been changed by your new Codicil still stands
witnesses’ signatures and details
If you want to make more changes or complex changes using a Codicil or require specific advice, make use of our Will and Codicil drafting service.
Wills and Codicils is an area of law that uses a lot of specific legal terms. Some of the essential terminology that you may need to understand to create your Codicil includes:
testator - the person who made the will and who is now making the Codicil (ie you)
beneficiary - somebody who's given something (eg a gift) in your will
executor - an executor is someone who is appointed to carry out the administrative tasks associated with your will (and any related Codicils) after you die. For example, distributing gifts and paying taxes
guardian - somebody appointed to look after your children if all of their parents (or current guardians) die. For more information, read Appointing a guardian
gift (also known as a 'legacy' or a 'bequest') - something that is left to someone. Gifts can be of money (ie a pecuniary gift) or of a specific item, eg a painting or some company shares (ie a specific gift)
estate - the total collection of things that you own on your death, including money, real property (eg houses), personal property, and other assets
residuary estate (also known as a 'residue' or the 'remainder' of your estate) - what's left of your estate after all gifts (apart from the ‘residuary gifts’) have been distributed and costs paid (eg administrative costs and taxes)
residuary beneficiary - somebody who you appoint to receive your residuary estate or a portion of it (a ‘residuary gift’). You can appoint multiple residuary beneficiaries who will share your residuary estate equally between themselves. If you have no residuary beneficiaries, your residuary estate will pass according to the intestacy laws of England and Wales or of Scotland
For more information, read Elements of a will.
Codicils are a convenient and efficient way of making minor changes to a will. However, in some circumstances, making a new will may be more appropriate. Such circumstances include:
If you decide to make a new will, you can do so using our Last will and testament (for England and Wales), Last will and testament for Scotland (for Scotland), or our Bespoke will writing service. Making a whole new will can help ensure your wishes are set out clearly. For more information, read Codicils and Reasons to make a will.
Creating a valid Codicil requires you to meet essentially the same requirements as creating a valid will.
A Codicil must be written down, signed, and witnessed. It must be created voluntarily by somebody who is of sound mind (ie they’re aware of the contents and implications of the document they’re creating and its effect on their current will).
Your Codicil should be signed and witnessed in line with the rules in the Wills Act 1837, the same way a will would be. The Codicil must be:
For more information, read Codicils and Executing a will.
You must also ensure that you do not physically attach your Codicil to your will as this could be considered altering the original will, which would invalidate it. It’s a good idea to store your Codicil in the same place as your will - just don’t attach it. For more information, read Codicils and Storing your will.
Your Codicil must also apply to a current and valid will in order to be effective. If you create an otherwise valid Codicil to a will which has been cancelled and replaced, or which was never valid (eg because it was witnessed incorrectly), the wishes you’ve set out in your Codicil will not stand alone (ie they will not be legally valid and need not be followed when you die).
Making your Codicil online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all the information about your will and your wishes prepared in advance, creating your document is a quick and easy process.
You’ll need the following information:
The testator
What are the testator’s details? You’ll need their current name, any other names they are or have been known by, and their address.
The will
What date did the testator make the will to which this Codicil applies?
Does the will have any Codicils already?
If so, how many? On what date were they each created?
The changes
What types of changes does the testator want to make to their will? See the FAQ ‘What’s included in a Codicil?’ for the options available.
If you want to add, change, or remove a gift:
Is it a gift or money or of a specific item?
What is the gift? You’ll need to describe the item(s) or specify the amount of money and insert any relevant clause numbers of the will.
If you’re changing a gift, what is it being changed to?
Who is the beneficiary of the gift? You’ll need their name and address.
If you’re appointing and/or removing executors, what is each executor’s name and address?
If you’re appointing and/or removing guardians, what is each guardian’s name and address?
If you’re appointing and/or removing residuary beneficiaries, what is each beneficiary’s name and address?
If you’re providing details of somebody’s name change (ie an executor, beneficiary, and/or guardian in the will), what are the person’s old and new names?
If you’re providing details of somebody’s change of address, (ie an executor, beneficiary, and/or guardian in the will), what are the person’s old and new addresses?
If you’re changing the testator’s burial and/or funeral wishes, what are their/your new wishes?
If you’re making another change, what change is being made?
Codicils help communicate your wishes for what will happen to your assets and dependants after your death. To do this, this Codicil template includes sections covering:
Codicil to the last will and testament of…
The Codicil starts by clearly identifying the testator (ie the person who is making a Codicil to their will).
This is the Xth codicil to my will…
The Codicil then clearly identifies the will to which it applies and sets out how many (if any) Codicils this will already has.
I hereby amend my will as follows:
This is the main section of the Codicil. It sets out the change(s) that the testator is making to their will using the Codicil. For example, it could set out the testator’s wish to appoint a certain person as a new executor, to remove somebody as a guardian, or to increase the amount of money left to somebody.
This is followed by an assertion that the testator confirms their existing (current) will (as amended by any previous Codicils) in all other ways. This is essentially a statement that the changes in the Codicil are the only changes being made to the will at this time (this statement is used as a precaution - this would be assumed following the law anyway).
Signatures and dates
This section provides space for the testator to sign the document to execute (ie make legally valid) the changes contained in the Codicil. Make sure you sign your Codicil correctly.
Witnesses
Finally, the Codicil provides a space for the witness (in Scotland) or witnesses (in England or Wales) to sign, date, and provide their details. They must (each) provide their name, address, and occupation.
If you want your Codicil to include further or more detailed provisions, you can edit your document. However, if you do this, it’s a good idea to have a lawyer review the document for you (or make the changes for you) to make sure that your modified Codicil complies with all relevant laws and procedures and meets your specific needs. Use Rocket Lawyer’s Codicil writing service for assistance.
Make sure you’re clear and specific when you describe something in your Codicil
When you describe a gift, person (eg a beneficiary), or anything else (eg burial wishes) in your Codicil, it’s important to be specific. If what you’re describing cannot be accurately identified, provisions relating to it (eg gifts or appointments) are likely to be ineffective.
This is particularly important for gifts. If, for example, you attempt to gift your ‘cat painting’ but do not specify which cat painting if you own multiple, this gift will likely fail. Similarly, if you attempt to gift your shares in a particular company but don’t specify which class of shares or how many, and you own multiple, this gift may fail. If a gift fails, the property you’re attempting to gift will either be passed as previously set out or with your residuary estate.
If you’re unsure how to set a gift out clearly enough in your Codicil, consider using our Will and Codicil writing service for help.
Follow all of the formalities required for making a valid Codicil
Codicils are serious legal documents, the contents of which can significantly affect people’s lives (eg beneficiaries and dependants). It’s important that you correctly create, execute, and store your Codicil to ensure that it takes effect as intended. If there’s any uncertainty as to whether your Codicil is valid, it may be disputed (eg by different beneficiaries), leading to often lengthy and costly legal dispute resolution processes and, potentially, outcomes that the testator did not intend. For more information on how to correctly execute and store a Codicil, read Codicils and our Make it legal checklist for Codicils.
It may be more appropriate to make a new will than a Codicil to an existing will
It’s important that your wishes for what will happen to your assets and dependants after your death are clear. If you create many Codicils to your will, or you try to change lots of things in your will using a Codicil (eg after you have a child or get married), this may make your wishes hard for your executors to decipher. This could lead to delays in dealing with your estate or to your affairs not being handled in the way you want. Therefore, if you’re making more than a minor change, it’s often best to make a new will.
Understand when to seek advice from a lawyer
In some circumstances, it’s good practice to Ask a lawyer for advice to ensure that you’re complying with the law and that your wishes are securely set out. You should consider asking for advice if:
you want to make complex changes or lots of changes to how you want your assets to be handled and your children cared for after your death
you own property abroad (as your estate may be subject to more complex taxes)
you want to set up a trust in your will (eg to specify when and how a beneficiary can receive the assets you leave them)
you own assets worth a significant amount (eg more than £325,000) or have business interests - it may benefit you to seek inheritance tax (IHT) advice
