Rather than revoking a Will, the testator may wish to effect some additions/amendments to the Will. This can be achieved by way of a codicil, which is a document executed in the same way as a Will and supplements an existing Will. Further details about a codicil can be found in our previous blog. However, codicils can cause more problems than they solve if they are not drafted properly, and this blog will discuss some of the common codicil issues.
1. Failure to reflect the date of the Will
A codicil would normally contain certain information/provisions, including the date of the last Will. The fact that the codicil does not refer to the date of the last Will may raise an issue as to the validity, but it does not mean the codicil is invalid:
- There is no formal requirement that the codicil must refer to the actual date of the last Will;
- The codicil may simply refer to ‘my last will and testament’. If the last Will can be ascertained and this matches the changes in the codicil, the codicil would be valid; and
- A Will is often marked with a note that there is a codicil to it and stored with the Will.
2. Ambiguity and confusion
The Court has a wide latitude to correct the terms of a defective Will caused by a codicil. In this case, the last Will provided that the residuary estate was divided into 52 equal parts and divided between 6 family members (each with 6 parts of the residuary estate) and 8 charities (each with 2 parts of the residuary estate). The codicil removed 2 of the family members and added 2 charity beneficiaries (each with 2 parts of the residuary estate), leading to 8 parts being undivided. Instead of ordering the 8 parts to be divided under the intestacy rules, the Court ordered the Will to be rectified on the basis that the drafter of the codicil had made a clerical error.
3. Multiple codicils
There is no limit to the number of codicils one can add to his/her last Will. However, having multiple codicils can lead to a confusing patchwork of amendments that may contradict each other or even the Will. It can make the Will difficult to interpret, increasing the risk of legal disputes.
How can we help?
Ronny Tang is an Associate in our expert Dispute Resolution team, specialising in defamation claims, contentious probate and inheritance claims, Trusts of Land and Appointment of Trustees Act 1996 claims, Equality Act 2010 claims and Protection From Harassment 1997 claims.
If you need any advice concerning the subject discussed in this article, please do not hesitate to contact Ronny or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
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