What does a codicil look like?

Woolington

Hi all,
when adding a codicil to an existing will is it a separate document or is the original will re-drafted.
Will the codicil be dated or take on the date of the original will?

Thank u!

Valli

A codicil is a separate document, or addition, and should be dated, signed and witnessed. It should bear the date it was written, not the date of the original will.

It should refer to the original will and is, basically, an amendment, eg to appoint a new executor if an original executor is no longer able to fulfil that role.

Woolington

Thanks Valli!

If the will was remade at the same solicitors, could the codicils be added into it or are they always separate documents? If so, can I view the old codicils?

Valli

If you are remaking the will then that's a NEW will, a codicil is to "update" the will which has already been written.

It sounds as though you have a specific question. Is this your will or someone else's?

Yorkshireman99

Always separate. Never add anything to a will or staple anything to it as it may seem that it has been tampered with. Far better to get a new will made.

Woolington

Thank u Valli and Yorkshireman,

Ive just ordered my mum's will and it's not as I remember her telling me it was. It may be that my memory's wrong! There are no separate codicils but the items in question ARE mentioned in the will as 'specific legacies free of inheritance tax'. Spanner in the works! this half of a mirror will was contested. Does that mean those items couldn't be bequeathed to me?

Crabapple

Which suggests she remade her will after the codicils were made, changes incorporated, codicils revoked.

Those gifts in the will stand unless there is a valid challenge against them now, or items she had given away while alive.

Woolington

heck! even if the will was one of mirror wills? (lthough I do think these 2 items were only on her will) and the wills were successfully challenged to change it from a trust property into sole ownership of my stepdad?

Crabapple

Yes, either party can change a mirror will.

You had another thread on this? Are you sure the trust was undone?

Woolington

either party can change a mirror will.

even after death?

Are you sure the trust was undone?

yes, i think so as when he came to remake his will the solicitor said that if the trust existed it would show up on the land registry - not only did it not show up, but there was no entry to say that the property had ever been a trust

Thank you for your help so far, he's trying to send one of mums bequests )an original codicil) to auction, she'd be horrified!

Mojisola

Woolington wrote: »

either party can change a mirror will.

even after death?

Yes, the survivor can change their will - a mirror will isn't binding like the rarely-used 'joint' wills.