A will does not always need to be completely rewritten just because something has changed. In Scotland, a codicil can be used to make certain changes to an existing will without rewriting the whole document. This can be useful where you want to update a beneficiary, change an executor or deal with another specific amendment.
For many people, this sounds straightforward. There are, though, some important legal requirements. A poorly prepared alteration can cause uncertainty later, particularly when the estate reaches probate or confirmation.
If you are unsure whether your circumstances call for a codicil or a completely new will, Family Lawyers Glasgow and the Complete Clarity Solicitors Family Law Team can help you understand the options. Speaking to a solicitor before making changes can save considerable difficulty for your family later.
What is a codicil and how does it change a will?
A codicil is a separate document used to make changes to an existing will. In simple terms, you can use a codicil to amend a particular part of your will while leaving the rest of the document in place.
For example, suppose your will leaves £10,000 to a particular beneficiary, but you now want to increase that gift to £15,000. A properly prepared codicil may allow that amendment to be made without having to write a new will from the beginning.
A codicil is a legal document in its own right, but it works alongside the existing will. The original will still matters. The codicil needs to identify the document being changed and state clearly what changes are being made. The wording needs to be precise because ambiguity can create problems for the executor when the estate is being administered.
There are formal requirements too. A codicil must be signed and witnessed in accordance with the applicable Scottish rules. Simply writing a change on the original will, crossing out a clause or attaching an informal note does not necessarily produce a legally valid alteration.
That is one reason why using a solicitor can be sensible, even for what looks like a minor change.
When can you make changes without rewriting the whole will?
A codicil tends to work best where you have relatively minor changes to make. You might want to change the executor, update a beneficiary’s details, alter a particular gift or add a new provision while leaving most of the will untouched.
Consider someone who made a will ten years ago and appointed a close friend as executor. The friend has since moved abroad and no longer wants to take on the responsibility. Rather than replacing the entire will, the person may be able to change the executor through a codicil.
Another common situation involves family circumstances. A beneficiary may have died, relationships may have changed, or a grandchild may have been born since the original will was prepared. If only a small number of changes are required, a codicil may be appropriate.
The phrase “minor changes” can be misleading, though. A change may look small on paper but have a significant effect on the distribution of an estate. Leaving a gift to one person rather than another can affect family relationships, tax considerations and the eventual administration of the estate.
Before deciding to make amendments, look at the will as a whole. If several provisions now need to change, a new document may be clearer and safer.
Can you change the executor through a codicil?
Yes, in appropriate circumstances, you can change the executor named in your will. This can be useful where the person originally appointed has died, no longer wishes to act, or is no longer a suitable choice because your circumstances have changed.
An executor has practical responsibilities after death. They may have to identify assets, deal with debts, communicate with beneficiaries and arrange the legal administration of the estate. In Scotland, the process normally involves applying for confirmation rather than probate. HMRC confirms that confirmation provides the legal evidence of the executor’s authority to manage the Scottish estate.
That means the choice of executor deserves more thought than simply selecting someone you trust. The person should generally be willing and able to deal with the work involved.
If you want to change an executor, the amendment needs to be properly documented. An executor can be removed or replaced through appropriate changes to the will, but the precise wording matters. A solicitor can review the existing document and advise whether a codicil is suitable or whether it would be better to create a new will.
What happens if your circumstances change significantly?
A codicil is not always the right answer. If there has been a major change in your life, rewriting your will may make more sense.
Marriage, separation, divorce, the birth of children, a significant change in your finances, the purchase of property or the death of a close family member can all affect estate planning. Your previous wills may no longer reflect what you actually want.
Imagine that your original will leaves most of your estate to your partner and smaller gifts to your children. You later separate from your partner and your financial arrangements change completely. Adding a short codicil may not deal properly with the wider consequences.
The same applies where you have acquired a business, bought additional property or built up significant investments. In those situations, it may be better to write a new will that reflects your current circumstances from beginning to end.
There can also be tax considerations. Inheritance Tax, capital gains tax and other financial issues can affect how assets are dealt with. HMRC guidance recognises the importance of the will and associated documents when dealing with an estate.
Estate planning should therefore be reviewed as circumstances change rather than treating a will as something that can be left untouched for decades.
Can making an alteration invalidate your will?
You should never simply make an alteration to the original will yourself. Crossing out words, adding handwritten instructions or attaching a note can create uncertainty about what you intended.
Depending on the circumstances, an informal alteration could invalidate the document or lead to questions about whether the change was legally effective. That can become particularly difficult after death because the person who made the will, known as the testator, is no longer available to explain what they meant.
The safest approach is to follow the relevant legal requirements for every amendment. If the change is made through a codicil, the codicil should be prepared and executed correctly. A solicitor can also check that the existing will and the new document work together.
A codicil must be signed and properly witnessed. The exact formalities matter. A document that looks clear to a family member may still fail to produce the intended legal result if the required formality has not been followed.
This is one area where a few minutes of professional advice can prevent a much bigger problem for your family.
Is there a limit to the number of codicils you can add?
There is no simple rule saying that you can only have one codicil. You can make further changes where necessary. But a growing number of codicils can make a will difficult to understand.
Imagine an original will followed by four or five separate documents, each making different changes. The executor then has to establish which provisions remain effective and how the documents interact.
That is not ideal.
If you have made several changes over time, it may be sensible to create a new one instead. A fresh will can bring the provisions together in a single document and reduce the risk of confusion.
There is also a practical benefit. A clear, up-to-date will can make estate administration easier for your executor and reduce the chance of disagreement among family members.
Family Lawyers Glasgow can discuss whether a codicil is still appropriate or whether the existing document has reached the point where a full rewrite would be more sensible.
What if you want to change a will after someone has died?
A person cannot amend their will after death. The document has to be dealt with according to the law that applies at the date of death.
There are circumstances where beneficiaries can agree to change how an estate passes after death. A deed of variation may sometimes be used for this purpose, subject to specific legal and tax requirements. This is different from changing the will itself.
For example, a beneficiary may decide that part of an inheritance should instead pass to their children. A deed of variation may provide a route for making that change in appropriate circumstances.
This distinction matters. A codicil changes a living person’s will. A deed of variation deals with an inheritance after death. They are separate legal processes and should not be confused.
What is the difference between Scotland and England and Wales?
Will law and estate administration are not identical across the UK. Scotland has its own rules, which means information written for England and Wales should not automatically be applied to a Scottish will.
One obvious difference concerns the terminology used after someone dies. In England and Wales, an executor generally applies for probate. In Scotland, the corresponding process is normally confirmation. HMRC specifically identifies confirmation as the Scottish form of grant used to establish the personal representative’s authority.
This matters if you have moved between jurisdictions, own property in different parts of the UK, or have a will prepared outside Scotland.
The same caution applies to online will templates and general advice. A document designed for England and Wales may not deal properly with Scottish legal requirements.
If your will was prepared elsewhere and you now live in Scotland, it is worth having the document reviewed rather than assuming it remains suitable.
When is it better to make a new will?
Sometimes the simplest answer is to create a new will.
If you want to change several beneficiaries, replace more than one executor, alter substantial gifts, introduce trusts or deal with significant changes to your assets, a full rewrite may be preferable.
A new will can also make sense where the existing document is old or where previous wills and codicils have created a complicated history. Bringing everything together can make your intentions much easier to understand.
A new will should clearly deal with the status of the earlier document. Depending on the wording and circumstances, the new will may revoke all previous wills. This needs careful consideration if you have assets or arrangements in different jurisdictions.
You should also avoid assuming that destroying the old document is enough to deal with every legal issue. The correct approach depends on the circumstances and the wording of the documents involved.
If you are considering a major change in your life, reviewing your will at the same time is often sensible. For most people, reviewing your will every few years, and whenever your family or financial circumstances change, provides a useful opportunity to check that your wishes still make sense.
Can a solicitor help you decide whether a codicil is suitable?
Yes. The important question is not simply whether you can add a codicil. It is whether a codicil is the best way to make the changes you want.
A solicitor can look at your existing will, understand what has changed and identify whether the proposed amendment could have consequences elsewhere in the document. That wider review can be particularly useful where you have property, business interests, trusts or a complicated family structure.
For example, changing one beneficiary could affect another provision. Changing an executor could require related wording to be checked. Even leaving a gift to a new family member may need more thought than simply inserting a name.
The Complete Clarity Solicitors Family Law Team takes a practical approach to these conversations. The aim is to understand what you actually want your will to achieve and then explain the available options in straightforward terms.
You do not need to wait until there is a problem. If you wish to make changes, getting advice while you have mental capacity and can clearly express your wishes gives you greater control over the process.
What should you do if you think your will needs changing?
Start by finding the current original will and any codicils that relate to it. Make a note of what you want to change, whether that involves a beneficiary, executor, gift, property or another clause.
Do not write directly onto the original document. Do not assume that a handwritten note will be enough. And do not simply destroy an old will because you intend to replace it.
Instead, speak to Family Lawyers Glasgow. A solicitor can review the existing will and advise whether you should use a codicil, make a new will or consider another form of estate planning.
For straightforward minor changes, a codicil can provide a useful way to update your wishes without rewriting the whole document. Where circumstances have changed more substantially, a new will may provide greater clarity.
The important thing is that the final documents accurately reflect your wishes and meet the legal requirements. A little care now can make estate administration considerably easier for the people you leave behind.
