Many people assume that changing a will is straightforward — a quick amendment here, a crossed-out name there. In reality, the law governing will modification is strict, and errors can have serious consequences for your estate and your family. Here is what you need to understand about the process.
Why You Cannot Simply Amend a Signed Will
Section 9 of the Wills Act 1837 requires a will to be signed and witnessed at the time of execution. Any alterations made to a will after it has been signed and witnessed are presumed to have been made after execution — and are therefore invalid. This is not a technicality; it is a fundamental rule of will law that has been consistently upheld by the courts.
The Two Routes to Will Modification
There are only two legally recognised ways to change a will in England and Wales: executing a formal codicil, or making a new will entirely. Both require the same formalities as the original will — signature in the presence of two independent witnesses, both present at the same time.
What is a Codicil?
A codicil is a separate legal document that amends specific provisions of an existing will. It 'republishes' the original will, meaning the will and codicil are read together as a single document. A codicil is suitable for minor changes — updating an executor, adding a small legacy, or changing a guardian. For anything more significant, a new will is usually the better option.
When a New Will is the Right Choice
A new will revokes all previous wills and codicils, giving you a single, clear, authoritative document. It eliminates the risk of inconsistency between the original will and a codicil, and makes the executor's job significantly easier. For any significant change — particularly changes to who inherits, inheritance tax planning, or changes following a major life event such as marriage or divorce — a new will is almost always the better option.
Marriage automatically revokes a will in England and Wales (unless the will was made in contemplation of that specific marriage). If you marry without making a new will, you die intestate — and the intestacy rules, not your wishes, determine who inherits.
The Role of a Solicitor in Will Modification
While it is technically possible to make a codicil yourself, the risk of error is significant. A solicitor will ensure the document is correctly drafted, that the execution formalities are observed, and that the change achieves what you intend without creating unintended consequences elsewhere in the will.