What Is a Codicil to a Will? Meaning and How to Make One
You made a will years ago. Now you have bought a new flat, or you want to change who gets a share. Do you write a whole new will? Often you do not need to. A small legal document called a codicil lets you change your existing will without rewriting it. This guide explains what a codicil is, when to use it, and how to make one correctly.
What a codicil means
A codicil is a legal document that adds to, changes or cancels a part of an existing will. It works alongside the original will and is read together with it. Instead of tearing up your will for a small change, you attach a codicil that states the exact change. The rest of the will stays as it is. A codicil is useful for minor updates, such as adding a new asset, changing an executor, or adjusting one beneficiary's share.
When to use a codicil
- You bought a new property or asset and want to include it.
- You want to change the share of one beneficiary.
- You want to add or remove an executor.
- You want to correct a small error in the will.
For big changes, such as reworking the whole distribution, it is cleaner to make a fresh will rather than pile on many codicils. To make the base document first, read our guide on how to make a will.
How to make a valid codicil
- Refer to the will. State the date of the original will the codicil changes.
- State the change clearly. Mention exactly what is added, changed or removed.
- Sign it. The person making it, the testator, must sign the codicil.
- Get two witnesses. Two witnesses must watch you sign and then sign themselves, just like a will.
A codicil follows the same rules as a will under the Indian Succession Act, 1925. It needs the same signing and two-witness formality to be valid.
Codicil versus a new will
| Situation | Better option |
|---|---|
| Small change, one or two updates | Codicil |
| Many changes or a full rework | New will |
| Adding one new asset | Codicil |
| Changing most beneficiaries | New will |
Too many codicils can confuse the reader and invite disputes. If you have made several, it is often better to combine everything into a single fresh will.
Does a codicil need registration?
Like a will, a codicil does not require registration to be valid, and it attracts no stamp duty. But if your original will is registered, it is wise to register the codicil too, so both stay on record with the sub-registrar. This makes the change harder to challenge later.
Frequently asked questions
What is a codicil?
A codicil is a legal document that adds to, changes or cancels a part of an existing will, and is read together with the original will.
When should I use a codicil instead of a new will?
Use a codicil for small changes, such as adding one asset or changing an executor. For many changes or a full rework, make a fresh will.
Does a codicil need witnesses?
Yes. A codicil needs the same formality as a will: it must be signed by the testator and witnessed by two people who see the signing.
Does a codicil need to be registered?
No, registration is optional. If your original will is registered, it is wise to register the codicil too so both stay on record.
Is there stamp duty on a codicil?
No. Like a will, a codicil attracts no stamp duty and can be written on plain paper.
Can a codicil cancel a part of my will?
Yes. A codicil can add to, change or revoke a specific part of the will while leaving the rest unchanged.
How many codicils can I make?
There is no fixed limit, but too many codicils can cause confusion. If you have several, it is cleaner to make a single new will.
Does a codicil replace the whole will?
No. A codicil only changes the parts it mentions. The rest of the original will stays valid and is read with the codicil.
Can I write a codicil myself?
Yes, as long as it is signed and witnessed correctly. For clarity and to avoid disputes, legal help is useful for anything beyond a simple change.
What happens if a codicil conflicts with the will?
Where they conflict, the codicil, being the later document, usually prevails on that point, since it reflects your latest wish.
Can a codicil add a new property to my will?
Yes. A codicil is a common way to include a property or asset you acquired after making the original will.
Does a codicil need the same witnesses as the will?
Not necessarily the same people, but it needs two valid witnesses who are not beneficiaries, just like the will.
Is a codicil valid after the testator's death?
Yes, a validly made codicil takes effect along with the will after the testator's death, subject to any probate that applies.
Should I date my codicil?
Yes. Always date a codicil and refer to the date of the original will, so it is clear which will it changes and that it is the latest document.
A codicil is the simple way to keep your will up to date without rewriting it. Sign it, witness it, and store it with your will. See our guide on making a will to keep your estate in order.
