What is a Codicil?

Do you have a complicated Will but need to make a minor amendment? A Codicil is a simple way to amend a complex Will. A Codicil and your Will will be read together by your executor or executors as one document outlining your testamentary intentions.

Usually a Codicil is a short document which will:

  • Set out your name and address.
  • The date of your Will, and if there are any other Codicils prepared.
  • Set out your proposed amendments to your Will by referring to and cross-referencing the clauses in your Will and the Codicil.
  • include a statement that confirms all other clauses in your Will remain unaltered.

Further, if there is a question of testamentary capacity, then a Codicil may be preferred as the Codicil may only be examined, and the unaltered Will may remain valid. 

A Codicil must be signed in the same manner as a Will: with two independent adult witnesses, who are not named in the Will or the Codicil.

A Codicil however, should be used cautiously, and preparing a new Will is preferred in most cases. Technology also makes it no more difficult to prepare a new Will than a Codicil.

The solicitors at Mullane & Lindsay can advise you whether a Codicil would be appropriate for your circumstances and any proposed amendments you would like to make to your Will.

 

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