Should I Update My Will or Make a New One?

In most cases, making a new will is better than trying to amend your old one. Codicils (amendments) can work for tiny changes, but they often create more problems than they solve.

If you're asking this question, your instinct is right — your will probably needs attention. Let's figure out the best way to update it.

The Quick Answer

Situation	Recommendation
Changing executors	New will usually better
Adding or removing beneficiaries	New will
Changing who gets what	New will
After marriage or divorce	New will (essential)
Minor address change	Codicil might work
Small gift to add	Codicil might work
Will is more than 5 years old	New will recommended

What Is a Codicil?

A codicil is a legal document that amends your existing will. It must be:

• Signed and witnessed with the same formalities as a will
• Kept together with the original will
• Read alongside the will to understand your wishes

Think of it like an addendum to a contract — it changes specific parts while leaving the rest intact.

Problems With Codicils

1. They Get Lost or Separated

If the codicil gets separated from the will, your executors might not know it exists. They could follow the old instructions, not your updated wishes.

2. They Create Confusion

Multiple codicils mean reading several documents to understand your intentions. Contradictions can arise. Courts have to interpret what you meant.

3. They Can Expose the Original

Each codicil must reference the original will by date. This can inadvertently reveal details or create questions about whether the original was properly made.

4. Same Execution Requirements

A codicil needs the same signing and witnessing as a will. If you're going through that process anyway, why not just make a clean new will?

5. False Economy

Codicils used to save money when wills were expensive to prepare. Modern will-writing costs mean the difference is minimal — and the risks aren't worth it.

When a Codicil Might Work

A codicil can be appropriate for:

• Changing an address — someone moved but everything else stays the same
• Updating a name — beneficiary got married
• Adding a small specific gift — leaving your watch to a friend
• Confirming something — clarifying an ambiguity

But honestly, even for these, a new will is often cleaner.

When You Definitely Need a New Will

After Marriage

Getting married automatically revokes your previous will (unless it was made "in contemplation of marriage" to that specific person). You MUST make a new will.

After Divorce

Divorce doesn't revoke your will, but it treats your ex-spouse as if they died. Any gifts to them fail, and if they were your executor, they can't act. You need a new will to clearly state your wishes.

Changing Major Beneficiaries

If you're changing who gets the bulk of your estate, make a new will. Trying to do this by codicil creates confusion and increases challenge risk.

Adding Trust Provisions

If you want to add trusts for children, vulnerable beneficiaries, or tax planning, you need a properly drafted new will — not a codicil bolted on.

Multiple Changes Needed

If you're changing more than one or two things, make a new will. Multiple codicils are a recipe for disaster.

Old Will Poorly Drafted

If your current will was DIY or from a budget service and has problems, don't try to fix it with a codicil. Start fresh with a properly drafted document.

How to Make a New Will

1. Review your current will — what needs to change?
2. Consider everything — executors, guardians, gifts, trusts
3. Draft the new will — with professional help if needed
4. Include revocation clause — "I revoke all previous wills"
5. Execute properly — sign with two witnesses present
6. Destroy the old will — completely, don't just cross it out
7. Store the new will safely — tell executors where it is

Destroying Your Old Will

When you make a new will, destroy the old one completely:

• Tear it up thoroughly or shred it
• Burn it if possible
• Don't just cross it out — this can create confusion
• Destroy any copies you know about

If an old will is found alongside a new one, it can create questions about which was valid and whether revocation was intentional.

Common Mistakes to Avoid

Writing on Your Will

Never write on, cross out, or alter your signed will. This can invalidate the whole thing or the specific provision. Any changes need proper execution.

Keeping Old Wills "Just in Case"

There's no "just in case" — destroy old wills when you make new ones. Multiple versions cause problems.

Assuming Changes Are Automatic

Your will doesn't automatically update when life changes. You must actively amend it.

DIY Codicils

Homemade codicils are particularly risky. The language must be precise, execution must be correct, and it must clearly connect to the original will.

How Often Should You Review Your Will?

• Every 3-5 years — as routine maintenance
• After major life events — marriage, divorce, births, deaths
• When circumstances change — new assets, changed relationships
• When laws change — tax rules, inheritance rules

Regular review ensures your will stays current and catches issues before they become problems.

The Old Way vs Our Way

The Old Way	Our Way
Patch old wills with codicils	Clean, clear new will
Multiple documents to read	Single comprehensive document
Risk of confusion and challenge	Clear intentions, less risk
Save a few pounds, risk everything	Do it properly the first time