Codicils: What they are and when to use one
When it comes to estate planning, life doesn’t always stand still. Maybe you’ve had a change of heart about who should inherit your prized stamp collection. Perhaps you’ve welcomed a new grandchild and want to leave them something special. Or maybe your chosen executor has decided to retire to a remote island with no WiFi, making them an impractical choice. In cases like these, a codicil might be an option—but is it the right choice? Let’s explore codicils, when they’re useful, and when they might cause more trouble than they’re worth.
What is a codicil?
A codicil is a legal document used to make minor amendments to an existing will. It allows you to update specific details without drafting a whole new will. However, codicils must be signed and witnessed in the same way as a will to be legally valid. More than one codicil can be added to a will, but each one must be stored with the original document to avoid confusion.
Like a will, a codicil only takes effect upon your passing.
When might you use a codicil?
Codicils are best for making small changes to your will, such as:
- Updating your executor or trustee (e.g., replacing someone who is no longer available)
- Adding or removing a specific gift (e.g., leaving your vintage car to your nephew instead of your friend)
- Including new wishes for a recently acquired pet (e.g., assigning a guardian for your new puppy)
- Clarifying or correcting minor details (e.g., fixing a name spelling mistake)
For these types of adjustments, a codicil can be a simple and cost-effective way to modify your will without rewriting the entire document.
When to use a codicil vs. making a new will
While codicils can be convenient, they are not always the best solution. Generally it’s best to update your will, and not a good idea to use a codicil, if:
- Your will is already outdated – If your original will is several years old, adding a codicil may create inconsistencies or confusion.
- You need major changes – Significant alterations, like redistributing your entire estate or changing multiple beneficiaries, are best handled with a new will.
- You have multiple previous codicils – If you already have a codicil (or several), adding another can lead to complications and increase the risk of disputes.
Common problems with codicils
Codicils might seem like a quick fix, but they can lead to headaches if not handled correctly. Some common issues include:
- Lost or misplaced codicils – If the codicil becomes separated from your will, it may be forgotten or overlooked.
- Time gaps and capacity concerns – If many years pass between your will and codicil, questions may arise about your mental capacity when signing the codicil.
- Unclear or contradicting instructions – Poorly worded codicils can create ambiguity, making it harder for executors to carry out your wishes.
Example: When a codicil caused problems
Sarah wanted to leave her valuable grand piano to her niece, Emma. Instead of consulting a lawyer, she quickly wrote a handwritten codicil on a piece of paper, intending to amend her existing will. Unfortunately, Sarah did not draft the codicil properly, and the wording ended up invalidating her earlier will entirely. As a result, her estate was distributed according to intestacy laws and not her chosen beneficiaries which did not reflect her wishes. The mistake led to a lengthy and costly legal dispute, which ultimately cost her estate more than the piano was worth. This unnecessary expense and stress could have been avoided by seeking proper legal advice.
How to properly sign a codicil
If you decide a codicil is right for you, it must be legally valid. This means:
- It must be in writing – Verbal instructions are not legally binding.
- It must reference the correct will date – Clearly specify which will the codicil is modifying.
- It must be signed and witnessed – Just like a will, a codicil requires two witnesses who are not beneficiaries.
- It should be stored with the original will – Keeping them together ensures your wishes are followed.
FAQs about codicils
Q: Can I write my own codicil? A: While you can, it’s risky. A poorly drafted codicil can lead to disputes or even be deemed invalid. It’s best to get an experienced estate planning lawyer to draft your codicil.
Q: Is a codicil cheaper than making a new will? A: It depends. While a codicil might save money initially, it can cause costly complications later if mistakes arise. If your changes are extensive, a new will is the better investment.
Q: What happens if a codicil contradicts my will? A: This can cause legal challenges. The court will need to interpret your true intentions, which may not align with your wishes and which may lead to costly legal fees in the process. Clear and professional drafting is crucial.
Q: Can I revoke a codicil? A: Yes, by creating a new codicil that states you revoke the previous one or by making a new will altogether.
Should you use a codicil?
A codicil can be a helpful tool for small updates, but it is not a one-size-fits-all solution. If your estate plan requires significant changes, or if you have concerns about legal validity, drafting a new will is the safest and most effective choice.
If you’re unsure whether a codicil or a new will is the right approach for your situation, seeking professional legal advice is always the best course of action. At Copeland Estates Legal, we can guide you through the process to ensure your estate planning documents are legally sound and reflect your true intentions.
Send us an email at [email protected], give us a call on 1300 034 487 or book in a free 10 minute chat here.
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