Codicil to a Will: What is it & How it Works

Updating a will can feel daunting, but it can be simple. A codicil provides an easy way to modify an existing will, so that you can keep your estate plan up-to-date without having to start from scratch.

Here, we’ll cover the basics of codicils including when to use them, and how they work in practice. Our discussion will provide a straightforward codicil definition, plus information about things you should consider when writing a codicil to a will.

What is a codicil to a will?

Here’s a simple way to define ‘codicil’: it’s a legal document used to make amendments to an existing will without entirely rewriting it. Think of it as a practical solution for updating your estate planning documents without the complexity of drafting an entirely new will.

A will is a legal document that outlines a person’s wishes regarding the distribution of their assets after their death. After being signed and witnessed, it’s usually difficult to alter that document without risking its legal integrity. This is where codicils come in handy.

To modify a will without making a new one, a codicil can be added. The meaning of ‘codicil’ comes from the Latin word for ‘short additional text’. A codicil functions as an addendum to a will, making it possible to alter, clarify, or cancel specific sections. They are commonly used for making minor changes, such as updating an executor, changing a beneficiary, or revising a specific bequest.

Just like wills, codicils need to be properly signed and witnessed to be legally valid.

Learn more about estate planning in our guide to writing a will.

Changes can you make with a codicil to a will

There are many reasons to add codicils to wills:

• Revisiting your executor: If your chosen executor has passed away, moved overseas or is no longer willing or able to serve, a codicil allows you to appoint a new executor without redrafting your entire will. For smooth administration, you can also add co-executors.
• Updating beneficiaries: Life changes often necessitate adjustments to your nominated beneficiaries. Whether you’re adding a new family member, removing someone, or modifying inheritance shares, adding a codicil can keep your wishes up to date.
• Life changes: You may want to change your will after major life events like a birth, or significant financial changes. A codicil is an easy way to account for property acquisitions or the arrival of new family members. However, remarriage will void an existing will so a codicil may not be suitable where you have a new domestic partner.
• End-of-life wishes: Your preferences for funeral arrangements might change as time goes on. You can make changes to your original instructions with a codicil, meaning you can add specific requests about ceremonies, burial or cremation preferences, and any other personal wishes. End of life medical/treatment wishes should be dealt with by an enduring guardian document rather than a codicil.

Things to consider when writing a codicil to a will

Here are some important things to consider when drafting a codicil:

1. Structure of the document: Make sure your codicil explicitly mentions the original will and states which sections are being altered. Use precise language to avoid any ambiguity. The document should include your full name, the date of your original will, and explicit statements about what is being changed.
2. Applying for probate: During probate, both your original will and any codicils must be submitted to the court. Poorly drafted codicils can complicate probate proceedings and potentially delay the distribution of your estate. Learn more about probate here.
3. Revoking vs reviving a will: It’s important to make it clear that you’re ending current provisions or restoring previous ones. Your language must be specific to avoid misunderstandings.
4. Common problems: Check for contradictory terms or provisions between your will and codicil, and unclear language that could lead to disputes or invalidate the codicil. It’s a good idea to have a legal expert examine the document, too.

How to write a codicil to a will

Follow these steps to make sure your codicil is legally valid:

• Proper identification: To start, state your full legal name, your current address and the date of your original will.
  Be precise: Clearly state the exact changes you’re making to your will and how they modify the original version.
• Reference the original will: Include the date and location of your original will.
• Sign with witnesses: Have two witnesses with you when you sign. The witnesses must be independent and cannot, for example, be beneficiaries or their spouses under the will or the codicil.
• Store it securely: Keep the codicil with your original will.
• Notify relevant parties: Inform your executor(s) about the changes.
• Consider legal advice: Have a lawyer review the document, especially if you have made complex amendments to your original will.

Should you add a codicil, or rewrite your will?

The choice between adding a codicil or creating a new will depends on how complicated the modifications will be. For minor changes like updating an executor, a codicil is usually fine.

However, it might be more appropriate to rewrite your will if:

• You have a new domestic partner (where a new will is required)
• You already have several codicils
• You are making multiple significant changes
• The changes affect core elements of your estate plan
• Your original will is outdated or complex

Can you have multiple codicils to a will?

Adding multiple codicils to your will is legal in Australia, but each one adds to the complexity of your estate plan.

• Having several codicils can:
• Make it harder for your executor to understand your wishes
• Create potential conflicts between different amendments
• Increase the risk of your wishes being misunderstood
• Complicate the probate process

If you find yourself creating more than two codicils, it could be a good idea to consolidate your changes into a new will.

Does a codicil have to be notarized?

In Australia, codicils don’t have to be notarized, but they must be properly witnessed.

The requirements for witnesses to a codicil include:

• Two adult witnesses must be present
• You must sign in the presence of both witnesses
• Both witnesses must sign in your presence
• Witnesses should not be beneficiaries, or spouses of beneficiaries
• All signatures should be made with the same pen
• Each page should be initialled by you and your witnesses

Consider having a legal professional as one of your witnesses to add to the credibility of the codicil.

Award-winning Life Insurance

Having an up-to-date will is the best way to make sure that your assets will be distributed according to your wishes after you pass away. If you also want to make sure your loved ones will be protected financially, you should also consider Life Insurance.

NobleOak is trusted by thousands of Australians, providing award-winning Life Insurance options. Use our insurance calculator to find out how much coverage might cost, or start a quote today. Any financial product advice is general in nature only and does not take into account your individual circumstances, objectives, financial situation, or needs. Before acting on it, please consider the appropriateness of the information, having regard to those factors. Any third party websites or tools referred to are subject to their own terms and conditions and NobleOak Life Limited makes no representation or warranty as to any information on those websites. Persons deciding whether to acquire or continue to hold life insurance issued by NobleOak Life Limited should consider the relevant Product Disclosure Statement and Target Market Determination for the product. NobleOak Life Limited ABN 85 087 648 708 AFSL 247302.