Will Modification Guide

How to Change a Will

A complete guide to amending or updating your will in England and Wales — the right way.

Once a will has been signed and witnessed, you cannot simply cross out a name or add a note. There is a correct legal process for changing a will — and getting it wrong can invalidate your wishes entirely. This guide explains your options, the steps involved, and the mistakes to avoid.

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The golden rule: you cannot amend a signed will

Once a will has been signed and witnessed, any alterations made to it are presumed to have been made after execution and are therefore invalid. The only legally recognised ways to change a will are to execute a formal codicil or to make a new will entirely.

Steps to Effectively Change Your Will

Follow these six steps to ensure your will amendment is legally valid and clearly reflects your wishes.

Review Your Existing Will

Locate your current will and read it carefully. Identify exactly what you want to change — a specific gift, an executor, a beneficiary, or the overall structure of your estate. The nature and scale of the change will determine whether a codicil or a new will is the right approach.

Decide: Codicil or New Will?

For minor changes (updating an executor, adding a small legacy, changing a guardian), a codicil may be appropriate. For significant changes — altering who inherits, removing a beneficiary, restructuring your estate — a new will is almost always the better option.

Instruct a Solicitor

Whether you are making a codicil or a new will, instructing a specialist wills solicitor ensures the document is correctly drafted and executed. Errors in wording or execution can invalidate the change — or worse, create ambiguity that leads to disputes after your death.

Sign and Witness the Document

A codicil must be signed and witnessed in exactly the same way as a will — in the presence of two independent witnesses who are present at the same time. Witnesses must not be beneficiaries under the will or codicil, and must not be the spouse or civil partner of a beneficiary.

Store the Document Safely

Your updated will or codicil must be stored securely — ideally with your solicitor or in a will storage service. If you have made a codicil, it must be kept with the original will. Tell your executors where the documents are held.

Destroy the Old Will (if making a new one)

If you have made a new will, destroy the old one by tearing it up or burning it. Your new will should contain a revocation clause stating that it cancels all previous wills and codicils. Leaving multiple wills in existence creates confusion and potential disputes.

Codicil or New Will? Understanding the Process of Will Modification

The right approach depends on the nature of the change you want to make. Use this table as a guide — but always take professional advice before proceeding.

Change Required	Codicil	New Will	Guidance
Changing an executor			Suitable for a codicil if the rest of the will is sound
Adding a small specific legacy			Codicil is appropriate for straightforward additions
Changing a guardian for minor children			Either can work; new will preferred if other updates are needed
Removing a beneficiary			New will preferred — codicil makes the removal visible to all
Changing who inherits the residue			Significant change — new will strongly recommended
Adding a new child or grandchild			New will ensures all provisions are reviewed together
Restructuring for inheritance tax			Requires a full review — new will essential
After marriage or civil partnership			Marriage revokes the old will — a new will is required
After divorce			Divorce removes ex-spouse but may leave gaps — new will recommended

What is a Codicil?

A codicil is a separate legal document that amends specific provisions of an existing will. It must be signed and witnessed in exactly the same way as a will — in the presence of two independent witnesses who are present at the same time.

A codicil “republishes” the original will, meaning the will and codicil are read together as a single document. It must be stored with the original will and proved at the same time on death.

When is a New Will Better?

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 — a new will is almost always the better option.

Key Considerations When Altering Your Will

Before making any change to your will, consider the following legal and practical points.

Testamentary Capacity

You must have testamentary capacity at the time you make or change your will. This means you must understand the nature of making a will, the extent of your estate, and the claims of those who might expect to benefit. If there is any doubt about capacity, a medical assessment should be obtained before the will is changed.

Undue Influence

A will or codicil can be challenged if it was made under undue influence — where someone pressured or coerced the testator into making a particular provision. Changes to a will should always be made freely and independently, ideally with a solicitor present to confirm the testator's wishes.

Inheritance Tax Implications

Changes to your will can have significant inheritance tax consequences. Adding or removing beneficiaries, changing the structure of trusts, or altering residuary gifts can all affect the IHT position of your estate. Always consider the tax implications before making changes — and take specialist advice if your estate is above the nil-rate band threshold.

Mutual Wills

If you and your spouse or partner made mutual wills — wills that are contractually binding on the survivor — you may not be able to change your will freely after the first death. Mutual wills are relatively rare but create significant legal obligations. If you are unsure whether your will is a mutual will, take legal advice before making any changes.

Overseas Assets

If you have assets in another country, changing your English will may not affect how those assets are dealt with. Many countries have their own succession laws that apply regardless of what your English will says. If you have overseas property or investments, you may need a separate will in that jurisdiction.

Common Mistakes in Will Amendments to Avoid

These are the errors we see most frequently — and the ones that cause the most problems for estates and families.

Writing on the Original Will

Any alterations made to a will after it has been signed and witnessed are presumed invalid. Writing on a signed will can also cast doubt on the validity of the entire document. Never annotate or amend a signed will — use a codicil or make a new will.

Using Witnesses Who Are Beneficiaries

A witness to a will or codicil cannot benefit under that document. If a beneficiary witnesses a codicil, they lose their entitlement under it — even if they were already a beneficiary under the original will. Always use independent witnesses.

Failing to Revoke the Old Will

If you make a new will but do not include a revocation clause — or fail to destroy the old will — there may be uncertainty about which document governs your estate. Your new will should always state that it revokes all previous wills and codicils.

Making a Codicil for a Major Change

Codicils are suitable for minor amendments only. Using a codicil for a significant change — such as removing a beneficiary or restructuring your estate — creates a complex, potentially ambiguous set of documents that is harder for executors to interpret and easier for disappointed beneficiaries to challenge.

Forgetting to Update After Marriage

Marriage automatically revokes a will in England and Wales (unless the will was made in contemplation of that specific marriage). Many people do not realise this. If you marry without making a new will, you die intestate — and the intestacy rules, not your wishes, determine who inherits.

Not Storing the Codicil with the Will

A codicil that cannot be found at the time of death is as good as non-existent. Executors may administer the estate on the basis of the original will alone, unaware that a codicil exists. Always store a codicil with the original will and tell your executors where both are held.

Legal Guidelines for Changing Your Will

The legal requirements for changing a will in England and Wales are strict. Here is what the law requires.

A will cannot be amended after signing

Section 9 of the Wills Act 1837 requires a will to be signed and witnessed at the time of execution. Any alterations made afterwards are presumed invalid unless separately signed and witnessed.

A codicil must be executed with the same formalities as a will

A codicil must be signed by the testator in the presence of two independent witnesses, both present at the same time, who then sign in the testator's presence. Failure to observe these formalities renders the codicil invalid.

Witnesses cannot benefit under the document they witness

Under the Wills Act 1837, a gift to a witness (or their spouse or civil partner) is void. The witness does not lose their entitlement under the original will, but they cannot benefit under the codicil they have witnessed.

Marriage revokes a will

Under section 18 of the Wills Act 1837, marriage automatically revokes a will unless the will was made in contemplation of that specific marriage. This is one of the most commonly overlooked rules in will law.

Divorce does not revoke a will but removes the ex-spouse

Under section 18A of the Wills Act 1837, on divorce or dissolution of a civil partnership, any gift to the former spouse and any appointment of them as executor takes effect as if the former spouse had died on the date of the decree absolute.

A new will should contain a revocation clause

To avoid any doubt, a new will should expressly state that it revokes all previous wills and codicils. Without this clause, there may be uncertainty about whether earlier documents remain in force.

Speak to a wills and estates solicitor today. Sensitive, professional advice — costs explained clearly before any work begins.

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Frequently Asked Questions

Can I change my will myself without a solicitor?

You can make a codicil yourself, but it must be signed and witnessed correctly to be valid. Errors in execution are common and can invalidate the codicil or create ambiguity that leads to disputes. We strongly recommend using a solicitor — the cost of professional advice is far less than the cost of a disputed estate.

How much does it cost to change a will?

The cost depends on whether you need a codicil or a new will, and the complexity of your estate. A straightforward codicil typically costs less than a new will. At PDA Law, we provide clear, fixed-fee quotes for will amendments. Contact us for a no-obligation quote.

Does divorce automatically change my will?

Divorce does not revoke a will, but it does remove your ex-spouse as a beneficiary and executor — treating them as if they had died on the date of the decree absolute. However, this can leave gaps in your will. You should make a new will as soon as possible after separation begins.

Does marriage revoke my existing will?

Yes. Marriage (and entering a civil partnership) automatically revokes a previous 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.

What is a codicil and when should I use one?

A codicil is a formal amendment to an existing will. It must be signed and witnessed in the same way as a will. Codicils are suitable for minor changes — such as updating an executor or adding a small legacy. For significant changes, a new will is usually the better option.

Can I change my will if I have lost mental capacity?

If you have lost mental capacity, you cannot make or change a will yourself. The Court of Protection can make a statutory will on your behalf if it is in your best interests. This is a formal court process requiring medical evidence of incapacity — one of the most important reasons to make and review your will while you still have capacity.

How many times can I change my will?

There is no legal limit on how many times you can change your will. You can make multiple codicils or make a new will as many times as you wish, provided you have testamentary capacity each time. However, having multiple codicils increases the risk of confusion and inconsistency — a single, up-to-date will is always preferable.

What happens if I just cross out a name on my will?

Crossing out a name on a signed will is not legally effective. Any alterations made after the will has been signed and witnessed are presumed invalid. This can also cast doubt on the validity of the whole document. Never write on a signed will — use a codicil or make a new will instead.