The short answer
A codicil changes or supplements an existing will. A new will replaces the old arrangement with a fresh document, usually including clear revocation wording. Both routes need proper execution. For anything beyond a small, isolated change, a new will is often easier for the executor and family to understand.
What is a codicil?
A codicil is a separate testamentary document that is read together with an existing will. It can add, remove or amend provisions without replacing the whole will.
Because it forms part of the testamentary documents, it is not an informal note. It needs to be executed with the formalities required for a will.
What is a new will?
A new will is a fresh testamentary document containing the current instructions. A properly drafted new will will normally deal expressly with revocation of earlier wills and testamentary dispositions.
The advantage is practical: the executor has one current document rather than having to reconcile an older will with one or more amendments.
Which should you use?
| Situation | Usually clearer route |
|---|---|
| One small change to an otherwise current will | A codicil may be suitable |
| Several beneficiaries or shares changing | New will |
| Marriage, major family change or new children | Review the whole will; usually a new will |
| Changes to guardianship or trusts | Usually new will; legal advice if complex |
| Old will already has earlier codicils | New will is generally clearer |
How is a codicil signed?
The codicil must be executed properly. In practical terms, the person making it signs or acknowledges the signature while at least two witnesses are present at the same time, and each witness signs in that person's presence.
Use independent witnesses who are not receiving a gift under the testamentary documents and whose spouses are not beneficiaries.
Do the codicil witnesses have to be the same people who witnessed the will?
No general rule requires the original will and later codicil to use the same witnesses. What matters is that the codicil itself is executed validly.
Can a codicil accidentally create confusion?
Yes. The codicil and the original will have to be read together. Problems can arise where:
- the amendment is unclear about exactly which clause it changes;
- a later codicil conflicts with an earlier one;
- one document is lost;
- a name or asset description no longer matches the original will; or
- a small change has unintended effects elsewhere in the distribution.
That is why a clean new will is often preferable when the changes are more than genuinely minor.
Can you change the original by handwriting on it?
Do not casually edit a signed will. Section 86 of the Succession Act contains formal requirements for alterations made after execution. Unwitnessed crossings-out and insertions can create probate questions rather than a reliable amendment.
What about marriage?
A later marriage generally revokes an earlier will unless that will was made in contemplation of the marriage, subject to the statutory exception concerning certain marriages between existing civil partners.
Marriage is therefore not usually something to “fix with a quick codicil” without first understanding whether the original will remains in force.
Does MakeAWILL.ie sell codicils?
No. Our current products are complete will-template packs for defined family situations. We do not currently sell a separate codicil product.
If your old will needs a meaningful update and your present circumstances fit one of our templates, making a fresh will can be the simpler route. If the existing will is bespoke or the amendment is legally complex, use a solicitor.
Would a fresh will be clearer?
See the current Irish will templates. Choose one only if it genuinely fits your present family circumstances.
When to get legal advice
Get advice before amending a will involving trusts, farms or businesses, foreign assets, separation or divorce, blended families, capacity concerns, expected disputes or unusual provision for someone with possible statutory rights.
Official legal references
- Succession Act 1965, section 78: execution
- Succession Act 1965, section 85: revocation
- Succession Act 1965, section 86: alterations
- Succession Act 1965, section 87: revival
Important: This is general information, not legal advice. A codicil changes an existing legal document, so unclear or complex amendments are best dealt with professionally.
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