Codicil drafting

Question 1

How is the codicil executed?

Answer 1

In the same way as a will

Question 2

Drafting a codicil and using clause numbers from will

Answer 2

It is good practice to use the relevant clause numbers in a will when drafting the codicil. Also good practice to describe an amendment fully in narrative e.g the type of gift and name of beneficiary

Question 3

How to commence the codicil

Answer 3

1, [NAME] of [ADDRESS], make this my first codicil to my will dated [DATE OF WILL] (my “Will”)

Question 4

Clause to add where the executor or trustee appointed in the will has died and their replacement

Answer 4

1. I record with regret and sadness that [NAME OF EXECUTOR/TRUSTEE] of [ADDRESS OF TRUSTEE/EXECUTOR], nominated in my Will to act as a executor/Trustee, has died.
2. I revoke the appointment of [NAME OF DECEASED EXECUTOR/TRUSTEE] as a executor/Trustee and appoint in his/her place [NAME] of [ADDRESS] as a executor/Trustee.

Question 5

Making a gift in a will or codicil to an executor

Answer 5

Need to make it clear whether the gift depends on the executor taking up the appointment. E.g ‘I give £5,000 to each of my Executors/Trustees who proves my Will’.

Question 6

Clause to revoke a gift in a will

Answer 6

This might be because the beneficiary has died or they’ve fallen out with with the beneficiary.
E.g ‘I revoke the gift in clause 4 of my Will of my [diamond necklace] to [NAME OF BENEFICIARY]’.

Question 7

If you want to replace a clause e.g change legacy and add in a contingency

Answer 7

I replace [clause 5] of my Will with the following [clause 5]. I give, £20,000 to my grandson, [NAME] provided he reaches the age of 25.

Question 8

If you’re inserting a new clause

Answer 8

I insert the following new clause [6(a)] between [clause 6] and [clause 7] of my Will. By [clause 6(a)], I give £20,000 to [NAME] of [ADDRESS]

Question 9

If you’re adding something into a clause

Answer 9

E.g I insert in [clause 7] of my Will between the words ‘death’ and ‘to’

Or
I insert at the end of clause 7 of my Will the following words

Question 10

Closing formalities

Answer 10

I confirm the rest of my Will.

Dated:

Signed by [NAME OF TESTATOR] in the presence of both of us and then by us in her presence

First witness

Second witness

Question 11

Appointing solicitors as executors

Answer 11

I appointment the persons who at the date of my death are the directors, members and beneficial owners of any share of the limited liability partnership of [NAME] of [ADDRESS] to be my executors and trustees and I express the wish that no more than two of them shall prove my will and I declare that any professional trustee is entitled to charge and be paid, reasonable remuneration for any services that they or their firm provides