Codicils – What are they?

A codicil is a separate legal document to your Will, which is used to add, modify, or revoke certain provisions of your existing Will. The purpose of a Codicil is to make small or minor changes to your Will, without the need to prepare a full new Will. Codicils have the same legal effect as a Will, so it is paramount that the same strict rules are applied when preparing and executing your Codicil. After a Codicil is prepared, it must be stored alongside your original Will in order for the two documents to be read together. 

When can a Codicil be used?

Various minor changes to your Will can be made through a Codicil, some of which include:

• Adding, amending or revoking the Executors;
• Amending any named Guardians;
• Adding or amending funeral directions;
• Leaving a gift to charity;
• Adding, amending or revoking specific gifts.

If you wish to make multiple significant changes to your Will, you may be advised to consider making a new Will. Ideally, your executors will want an easy to read set of wishes after you have passed, without confusion or speculation. If multiple Codicils are prepared over time, you may run the risk of one being lost, and your true wishes may not be fully reflected in your Will.

Advantages of Codicils 

There are three main advantages to making a Codicil instead of proceeding with a new Will. You may find that preparing a Codicil is:

1. More cost effective;
2. Quicker in process; and
3. More convenient.

Disadvantages of Codicils 

Whilst Codicils are often more cost effective, cheaper and convenient, there are some drawbacks to consider. 

Multiple Documents: Having your testamentary wishes across multiple documents may be confusing for your Executors to understand. This may lead to your wishes being misunderstood or sometimes misplaced. In the event that a Codicil is misplaced, the contents of the Codicil will be disregarded. It is therefore recommended that you should only consider making one Codicil to your Will to elevate any of these risks. 

Reviewing your Estate: By preparing a Codicil, you are only considering the changes you specifically wish to make, which may limit the advice that you receive. In contrast, the drafting of a new Will shall include appropriate legal advice surrounding your personal, financial and family circumstances as a whole.

Impact of a Poorly Drafted Codicil: In any event, you are strongly encouraged to seek legal advice regarding your testamentary wishes. If you proceed to draft a Codicil on your own, you may mistakenly revoke certain parts of your Will or fail to execute the Codicil rendering the document invalid.