It is important to review your Will regularly, generally at least every five years, as well as in the event of any major changes in your life. It may be the case that you want to make some alterations. We take a look at how to amend a Will and answer some of the questions we are commonly asked.
Summary
- When Should You Change Your Will?
- How Do You Amend a Will?
- Using a Codicil
- When to Use Codicils
- How to Make a New Will
- Contact Us
- FAQ
When Should You Change Your Will?
Having a valid Will is essential to ensure that your estate is passed on in the way that you want and that your home and wealth are protected as far as possible. It can also reduce the risk of a disagreement arising after your death.
If you have a Will in place, you should review it on a regular basis. Circumstances where your Will may need to be amended include:
- If you marry, your existing Will becomes invalid automatically on marriage unless it was drafted in contemplation of the marriage
- If you divorce
- If you buy a property
- On the birth of a child
- If someone named in your Will dies, such as an executor, trustee, guardian or beneficiary
- If your financial circumstances change substantially, as this can alter the balance of money left to your beneficiaries, with residuary beneficiaries (those entitled to the remainder of your estate once all bills and other bequests have been paid) affected the most
- If someone named as an executor, trustee or guardian becomes unable to take on the role
- If the law changes, for example, the Inheritance Tax rules are altered
For more information, see our article How often should you review your Will?
How Do You Amend a Will?
If the amendment needed is only a minor one, such as adding an executor, then it is possible to make a codicil. This is a separate legal document, made after a Will, and must be carefully drafted and then executed in front of witnesses in the same way as a Will.
You can make more than one codicil over time if you wish.
Using a Codicil
A codicil is a quick and easy way to make a straightforward change to a Will. You should store it with your Will, but not attached to the Will. It will then be proved at the same time as your Will in the event of your death.
Two Types of Codicil
You can use a codicil in two different ways.
- Firstly, you can add an additional clause to your Will
- Secondly, you can use a codicil to revoke a clause in your Will and substitute a new one
When to Use Codicils
You are advised to seek professional advice before preparing a codicil, as it is essential that it does not contradict your Will or confuse the provisions in your Will. It is only suitable for minor amendments. For anything more than a simple change, you are always advised to have a new Will drafted.
Having a new Will ensures that your wishes are clearly set out. There is also a risk that a codicil could be misplaced and not found at the time that your Will is needed. Your executors might not know that you have made a codicil or how many codicils are in existence. This could potentially cause disputes after your death if your relatives are not sure of the exact situation.
Having one single authoritative document in place will make matters as simple as possible and avoid confusion and misunderstanding.
How to Make a New Will
If you want to make anything other than minor alterations to your Will, then you are strongly advised to have a new Will drafted. Major alterations that ideally require a new one include:
- Changing who will inherit your estate
- Cutting someone out of your Will – if you make a new Will, they will not be able to see that they were previously included, whereas if you make a codicil revoking their gift, they will be able to see this and may decide to challenge it
- Changing the way in which your estate is structured and passed on
Having a new Will drafted is not expensive and can reduce the risk of difficulties arising in the future. If a dispute were to arise, this could be very costly as your estate would be bound to defend the action and legal costs would be payable from estate funds. Disagreements can also cause irreparable damage to family relationships.
You can ask an expert Wills solicitor to draft a Will that sets out exactly what you want to happen to your estate. They will be able to ensure that your assets are passed on in the most effective way possible and protected from issues such as sideways disinheritance.
Contact Us
Our lawyers can make sure that you have the right Will in place to safeguard your assets and provide security for your loved ones in the future. If you want to make changes to your Will, we can discuss your needs and ensure that you have a Will that accurately reflects your wishes.
We are on hand to provide expert advice and guidance with respect to Wills and codicils, including complex estates and non-traditional family situations.
If you would like to speak to one of our Wills lawyers, email us at info@witansolicitors.co.uk or fill in our contact form and we will talk through your situation with you and discuss how we can help.
FAQ
Is it legal to make handwritten changes to my Will?
You should never attempt to make handwritten changes to your Will. This could result in the amendment being rejected by the Probate Registry and investigations being required into the situation. This could cause lengthy delays in the administration of your estate and could result in family disagreements or even legal action.
Can I add an extra page to my Will provided it is signed and witnessed?
Adding an extra page to your Will is not a legally acceptable way of dealing with amendments. You should either have a codicil or a new Will drafted. It is important never to attach anything to your Will, whether by staple, paperclip or binding.
How can I change the executor in my Will?
If you simply want to change the executor in your Will, you can have a codicil drafted. It is essential that this is properly drafted, referring correctly to your Will, and that it is signed and witnessed in the right way. You are strongly advised to ask a professional to deal with a codicil.
If you want to change an executor, this is also an opportunity for you to review all of the provisions in your Will and check that they are still right for your family.
How can I cancel my Will?
A Will can be cancelled or revoked in a number of ways. Firstly, you can physically destroy it by ripping it up, shredding it or burning it. If you have an earlier Will in existence, this Will is likely to come into force, unless it is invalid, for example, because you have married. You must therefore be careful to completely destroy all Wills that you do not want in force.
If your loved ones were aware of the existence of your Will, you should let them know that you have revoked it to avoid confusion in the future.
A Will is also revoked by the making of a new Will. If this has been professionally drafted, it will include a clause stating that all former Wills are revoked.
Marriage also automatically revokes all existing Wills, unless a Will is made in contemplation of the marriage.
What are the charges for amending a Will?
Amending a Will by having a codicil drafted or by having a new Will drawn up is inexpensive, particularly compared to the risk of costly legal proceedings should your beneficiaries bring action against your estate. For more information about our costs for dealing with Wills, see our Will writing information.
