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.
