Should I Write a New Will or a Codicil?

If you've already got a Will in place – well done! You’re one step ahead of many when it comes to future planning. But what happens when something changes? Whether it’s a shift in your personal life, your assets, or your wishes, it’s crucial to make sure your Will keeps up.

So what’s the best way to make those updates – a Codicil, or a new Will?

Let’s explore the difference – and why, in most cases, we recommend writing a new Will.

What Is a Codicil?

A Codicil is a legal document used to make minor changes to an existing Will. Think of it like a post-it note added to your Will — it might:

• Change an executor

• Add or remove a beneficiary

• Alter a specific gift or request

It must be signed and witnessed in the same way as your Will, and stored safely alongside it. But therein lies one of its biggest pitfalls.

The Pitfalls of Codicils

While Codicils may seem like a quick fix, they come with some significant risks:

❌ Codicils Can Be Misplaced or Separated

If your Codicil gets detached from the original Will — or isn’t stored with it — it may never be found when your estate is being administered. This can lead to your original Will being followed without the amendments, causing confusion, disputes, or your wishes being missed entirely.

❌ Multiple Codicils Create Confusion

Having more than one Codicil can cause real headaches. Executors may struggle to interpret which instructions take precedence, or worse, the documents may appear contradictory.

❌ Risk of Being Overlooked or Challenged

Codicils are more likely to be scrutinised or challenged, especially if they’re not drafted with care. An unclear or informal Codicil can raise doubts about your intentions or capacity at the time of signing.

Why You Mustn’t Attach Anything to Your Will

It might feel sensible to staple, paperclip, or attach notes to your Will — but please don’t. Here’s why:

❌ It Could Be Mistaken for a Codicil

If a separate document is found attached to your Will (even a simple letter or list of wishes), it could be assumed to be a Codicil — a legal amendment to your Will. If it's not properly signed and witnessed, it might:

• Be deemed invalid, or

• Cast doubt over your intentions

This can cause delays, disputes, or even a legal challenge.

❌ It Can Raise Questions About Tampering

Any marks (like staple holes or torn edges) may suggest that a part of the Will has been removed — potentially triggering an investigation or causing the Probate Registry to reject it altogether.

✅ What To Do Instead

If you want to include extra details, like funeral wishes or a personal letter to loved ones, these should be kept separately — but clearly labelled as non-binding and not part of your Will.

At Toucan Law, we’re happy to help you include a Letter of Wishes or guidance documents in a safe and appropriate way — without putting your Will at risk.

Why We Recommend a New Will instead of a Codicil

At Toucan Law, we almost always recommend preparing a new Will, even for seemingly simple updates — and here’s why:

✅ Clarity & Consistency

A fresh Will brings all your wishes together in one clear document, reducing the risk of misinterpretation or disputes between beneficiaries.

✅ Certainty

There’s no risk of a missing Codicil or confusion over what applies when. Everything is consolidated and up to date.

✅ Simplicity

It’s far easier for your executors to deal with one clear Will than to navigate layers of amendments — especially at a difficult time.

✅ Modern, Professional Drafting

Wills today are easily redrafted and professionally prepared to reflect your current wishes and circumstances. It’s not the cumbersome process it once was.

✅ Cost-Effective

A new Will often costs the same as preparing a Codicil — but with far greater peace of mind.

Reasons You Might Need to Write a New Will

Life doesn’t stand still — and neither should your Will. If any of the following apply, it’s time to consider updating your Will to reflect your current wishes and circumstances:

• You’ve married or entered a civil partnership (this typically revokes your existing Will)

• You’ve separated or divorced and want to remove a former spouse or partner

• You’ve had children or grandchildren and want to include them

• A loved one has passed away who was named in your Will

• There’s been a family falling out and you no longer wish to leave someone an inheritance

• You now want to benefit a friend or a charity

• You have a new partner who wouldn’t inherit under the rules of intestacy

• You’ve bought or sold property, or acquired significant new assets

• Your executors or guardians are no longer suitable

• You want to include trusts, like a Protective Property Trust or Discretionary Trust

• Tax legislation has changed, and you want to ensure your estate is as tax-efficient as possible

• Your priorities or beliefs have changed — and you want your Will to reflect that

  
  

Even if your changes feel “minor,” don’t assume your old Will is still good enough. When in doubt, a new Will brings clarity and confidence.

How Toucan Law Can Help

At Toucan Law, we understand that your Will is one of the most important documents you’ll ever create. It needs to be clear, current, and securely stored.

If you need to make changes, we’ll help you assess whether a Codicil is legally safe — but in most cases, we’ll recommend creating a brand new Will. It’s the best way to protect your legacy and spare your loved ones from unnecessary complications later.

📞 Need to update your Will? Call us on 01934 271027 or visit www.toucanlaw.co.uk to book your appointment. We offer home visits, Zoom consultations, and include FREE Will storage.

Because when it comes to your final wishes — clear is always kinder.

Read More:

• The importance of keeping your Will under review - https://www.toucanlaw.co.uk/post/the-importance-of-keeping-your-will-under-review

• Why the New Year in the Perfect Time to Review Your Will - https://www.toucanlaw.co.uk/post/why-the-new-year-in-the-perfect-time-to-review-your-will