Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
A will is not something you write once and forget about. Life moves on, families grow or split, assets shift, and what made sense when you first signed your will may no longer reflect what you actually want. I'm Brad Askew, and over the years I've seen plenty of people assume their old will still works, only to find it no longer matches their circumstances.
The good news is that changing a will in England and Wales is straightforward once you understand the two main routes: a codicil for small adjustments, or a brand new will for anything substantial. This guide walks through when to make changes, how to do it legally, and the pitfalls that catch people out.
What this document is
Changing your will means formally altering the instructions you have left for what happens to your estate after you die. In England and Wales, you cannot simply cross out a clause, scribble in a new beneficiary, or attach a sticky note with updated wishes.
Any informal marks on the original document can create confusion, disputes, or even invalidate parts of the will entirely. There are two proper methods recognised in law. The first is a codicil, which is a short supplementary document that amends specific parts of an existing will while leaving the rest intact.
The second is drafting an entirely new will, which revokes all previous versions. Both must be signed and witnessed following the same formalities set out in the Wills Act 1837: the testator signs in the presence of two independent witnesses, who then sign in the testator's presence. Getting the execution wrong is one of the most common reasons changes fail to take effect.
How to use this document
Review what you already have. Start by reading your current will in full. Note which clauses still reflect your wishes and which no longer fit. Check executor appointments, beneficiaries, specific gifts, residuary provisions, and any guardianship clauses for children. Understanding exactly what is in place is the foundation for any sensible change.
Decide between a codicil and a new will. A codicil works well for one or two small tweaks, such as swapping an executor or adjusting a single cash legacy. If you are making several changes, or the structure of your estate has shifted significantly, a fresh will is almost always cleaner. Multiple codicils layered on top of each other tend to cause interpretation problems later.
Draft the change carefully. Whichever route you take, the wording matters. A codicil must clearly identify the original will by date, specify exactly which clauses are being amended, revoked, or added, and confirm that the rest of the will continues to apply. A new will should include an express revocation clause cancelling all earlier wills and codicils to avoid conflicting documents.
Execute it properly. Sign the document in the presence of two witnesses who are both present at the same time. Witnesses must be over 18, mentally capable, and crucially must not be beneficiaries or married to beneficiaries, otherwise those gifts can fail. Each witness then signs in your presence. Date the document clearly.
Store it safely and tell someone. Keep the updated will or codicil with the original will, or lodge it somewhere secure such as with a will storage service or the Probate Service. Destroy or clearly mark any superseded versions to prevent confusion. Let your executors know where the current document is kept.
No. Handwritten amendments, crossings-out, or notes added after your will was signed have no legal effect unless they are executed with the same formalities as the original will. In practice this almost never happens, so informal changes are ignored and can even raise questions about tampering. Always use a codicil or a new will to make changes properly.
Q What is a codicil and when should I use one?
A codicil is a short legal document that amends an existing will without replacing it. It suits small, isolated changes, for example changing an executor, updating an address reference, or adjusting a single gift. For larger changes, multiple amendments, or anything that reshapes how your estate is distributed, drafting a new will is usually the better choice.
Q Does marriage or divorce affect my will?
Yes. Under the law of England and Wales, getting married generally revokes any existing will unless it was specifically made in contemplation of that marriage. Divorce does not revoke the entire will, but it treats your former spouse as if they had died before you, so any gifts or executor appointments in their favour fall away. Both events are strong reasons to review your will.
Q How often should I review my will?
A sensible rule of thumb is to review your will every three to five years, and additionally whenever something significant happens in your life. Triggers include marriage, divorce, a new child or grandchild, the death of a beneficiary or executor, buying or selling a major asset, moving abroad, or changes in tax law that affect estate planning.
Q Do I need a solicitor to change my will?
There is no legal requirement to use a solicitor, and people do draft their own codicils and wills. That said, the rules on execution, revocation, and drafting are technical, and mistakes often only surface after death when they cannot be fixed. For anything beyond the simplest change, professional help tends to be worth the cost.
Q What happens if my witnesses were beneficiaries?
If a beneficiary, or the spouse or civil partner of a beneficiary, witnesses your will or codicil, the gift to that person generally fails, although the rest of the document usually remains valid. This rule catches people out regularly, so always use independent witnesses who have no interest in your estate.
Q Should I destroy my old will after making a new one?
Generally yes, once the new will is properly signed and witnessed and contains an express revocation clause. Physically destroying superseded versions prevents confusion if multiple documents are found later. Keep only the current version, and make sure your executors know where it is stored.
Not sure whether you need a codicil or a new will?
The choice between amending your existing will and starting fresh depends on what has changed and how your estate is structured. An experienced legal adviser can help you think through the options based on what you describe on the call, so you can move forward with confidence.
✓A clear explanation of codicils versus new wills for what you describe
✓Practical perspective on what to watch out for in your specific situation
✓Plain-English answers to your specific questions about updating your will
✓Help thinking through your next steps based on your circumstances
Personal call · For information only · Independent advisers
Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.