There has been some recent Case Law in regard to Codicils which confirms how important it is to ensure that any amendments made to an existing Will are undertaken in accordance with the correct formalities to make the alterations valid.

A Codicil is a legal instrument used to amend an existing Will which is signed by the testater/testatrix and executed with the same formalities as a Will.

In the case of Cowan v Eisler and another 2007 two codicils had been written in 2003 and 2005 and it was contended that the codicils revived the earlier Will in 1991. The validity of the codicils was challenged on the basis that there was no intention to revive the 1991 Will in the subsequent codicils. The Judge held that the testatrix intention was to revive the 1991 Will.

If you would like to review your Will, have a Will drafted or seek professional advice on how to amend your Will, call Melissa Rowell on 01785 213234.