Will amendment mistakes are more common than you might think — and some of them can invalidate your changes entirely, or create disputes that cost your estate thousands of pounds to resolve. Here are the most frequent errors we see, and how to avoid them.
Mistake 1: Writing on the Original Will
Any alterations made to a will after it has been signed and witnessed are presumed invalid. Writing on a signed will can also cast doubt on the validity of the entire document — the Probate Registry may require an explanation of any marks or alterations before granting probate. Never annotate or amend a signed will. Use a codicil or make a new will.
Mistake 2: Using Witnesses Who Are Beneficiaries
A witness to a will or codicil cannot benefit under that document. If a beneficiary witnesses a codicil, they lose their entitlement under it — even if they were already a beneficiary under the original will. Always use independent witnesses who have no interest in the estate.
The two-witness rule is one of the most commonly misunderstood requirements in will law. Witnesses do not need to know the contents of the will — they simply need to be present when you sign, and sign themselves in your presence. They must be independent adults with no interest in the estate.
Mistake 3: Failing to Revoke the Old Will
If you make a new will but do not include a revocation clause — or fail to destroy the old will — there may be uncertainty about which document governs your estate. Your new will should always state that it revokes all previous wills and codicils. Destroy the old will by tearing it up or burning it.
Mistake 4: Using a Codicil for a Major Change
Codicils are suitable for minor amendments only. Using a codicil for a significant change — such as removing a beneficiary or restructuring your estate — creates a complex, potentially ambiguous set of documents that is harder for executors to interpret and easier for disappointed beneficiaries to challenge.
Mistake 5: Forgetting That Marriage Revokes a Will
Marriage automatically revokes a will in England and Wales (unless the will was made in contemplation of that specific marriage). Many people do not realise this. If you marry without making a new will, you die intestate — and the intestacy rules, not your wishes, determine who inherits.
Mistake 6: Not Storing the Codicil with the Will
A codicil that cannot be found at the time of death is as good as non-existent. Executors may administer the estate on the basis of the original will alone, unaware that a codicil exists. Always store a codicil with the original will and tell your executors where both are held.
Mistake 7: Attempting a DIY Amendment Without Legal Advice
It is technically possible to make a codicil yourself, but the risk of error is significant. A poorly drafted codicil can be ambiguous, inconsistent with the original will, or invalid due to execution errors. The cost of professional advice is far less than the cost of a disputed estate.