Codicil to a will: what it is and how to change your will

What is a codicil?

A codicil is a short document that adds to, changes or takes something out of your will without replacing the whole thing. It might swap one executor for another, add a gift to a friend or change a guardian.

In law a codicil is treated as part of your will. The NSW Succession Act says "will includes a codicil" (s 3), and every other state has an equivalent rule. After you die, your executor applies for probate of the will and any codicils together.

Does a codicil need to be witnessed?

Yes. A codicil has to meet the same formal requirements as a will. That means it's in writing, you sign it, and two witnesses who are present at the same time watch you sign and then sign it themselves.

An unsigned note, an email or a letter tucked in with your will isn't a codicil. A court can sometimes accept an informal document as part of a will, but only after an application that costs your estate time and money. See who can witness a will before you sign anything.

Codicil or new will: which is better?

Codicils made sense when every page of a will had to be written or typed out again. Today a new will takes about the same effort, and it avoids the problems codicils cause.

A codicil can still be fine for a single, simple change. But if you're changing who inherits, adding a partner or children, or you've already made one codicil, make a new will instead.

Can you write on a will after it's signed?

In NSW, an alteration made to a will after it's signed has no effect unless the alteration itself is signed by you and two witnesses, which can be done in the margin next to the change (Succession Act 2006 (NSW) s 14). Every other state has the same basic rule (Vic s 15, Qld s 16, WA s 10, SA s 16, Tas s 18, ACT s 12, NT s 16).

There's a catch. If your alteration makes the original words impossible to read, those words may be treated as gone, while your handwritten replacement still has no effect. That can leave a gap nobody intended. Handwriting on a will also invites questions about who made the change and when, which can mean extra evidence or a court application before probate is granted.

When should you update your will?

Review your will whenever your life changes, not just every few years. The common triggers:

• Marriage. In every state, marriage revokes an existing will unless it was made in contemplation of that marriage (see the table below).
• Divorce or separation. Divorce changes how your will works. Separation alone doesn't, so a separated spouse can still inherit under your will.
• A new child or grandchild, including by adoption, or a child turning 18.
• A death. If a beneficiary, executor or guardian dies, your backups take over, or a gift may fail.
• Moving states or countries. A will validly made in one state stays formally valid when you move, but the local rules can differ, and assets overseas need thought.
• Buying or selling property or a business, or a big change in what you own or owe.
• A falling-out, or someone named in your will no longer being the right choice.

Moneysmart gives the same advice: update your will when you marry, divorce or separate, have children or grandchildren, have a major financial change, or lose a spouse or someone named in your will.

Does marriage revoke a will, and what does divorce do?

Marriage revokes a will in every state and territory, with an exception for a will made in contemplation of the marriage. In some states that has to be written in the will itself. Divorce usually cancels gifts to your former spouse and their appointment as executor or guardian, but in WA it cancels the whole will.

Two things catch people out. First, separation on its own doesn't revoke anything: until you divorce, your spouse can still inherit under your existing will. Second, in most states the end of an unregistered de facto relationship doesn't change your will either. Queensland is the exception. If your relationship has changed, update your will rather than relying on these rules.

How do you change your will with Willies?

Updates are part of the Willies Plan. Sign in to your vault, tell us what's changed, and we prepare a new version of your will, checked by a real person like the first one. There's no limit on updates while your plan is active, and the first year of the plan comes with every will. After that it's A$49 a year, and you can turn off renewal any time.

You then print and sign the new version in front of two adult witnesses, just as you did the first time. Once it's signed, upload a photo of it to your vault and keep the signed original where your executor can find it. Your new will revokes the old one, so there's no codicil to keep track of.

If you made your will somewhere else, you don't need a codicil to change it. You can make a new will that replaces it. See how to make a will for the steps.