16/01/2025
When deciding whether to create a codicil, an amendment to a will, or a new will, consider the following:
Key Points
1. Codicils Can Create Problems
If you remove a beneficiary via a codicil, they can still see the original will after probate (confirmation in Scotland), as both the will and codicils become public documents.
This could reveal they were once included, potentially causing conflict.
2. Benefits of a New Will
Clarity: A new will ensures your wishes are clear and accurately reflect your intentions, avoiding ambiguities.
Ease for Executors: It provides straightforward guidance for executors, minimizing confusion.
Updated Legal Compliance: A new will ensures compliance with current legal requirements and ensures its validity.
3. Pitfalls of Codicils
While cost-effective, codicils can complicate the probate process or result in unintended estate distribution.
Conclusion
Writing a new will is often the better option when your wishes or circumstances change, as it provides clarity, organization, and legal certainty, avoiding the potential issues associated with codicils.
If you have any questions on any aspect of will writing or estate planning please drop me a message.