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CODICIL TO LAST WILL AND TESTAMENT OF ________________________
I, ________________________ (the 'Testator') of ______________________, , declare this to be my codicil (my 'Codicil') to my last will and testament being dated 20 January 2025 (my 'Last Will').
IN WITNESS WHEREOF, I have signed my name on this ________ day of ________________, ________, at __________, , declaring and publishing this instrument as my Codicil to Last Will, in the presence of the undersigned witnesses, who witnessed and subscribed this Codicil to Last Will at my request, and in my presence._____________________________________________________ (Testator)
SIGNED AND DECLARED by ________________________ on this ________ day of ________________, ________ to be their Codicil to Last Will, in our presence, at __________, , who at their request, in their presence and in the presence of each other, all being present at the same time, have signed our names as witnesses.
__________________________Witness #1 Signature__________________________Witness #1 Name (Please Print)__________________________Witness #1 Street Address__________________________Witness #1 City and State/Territory
__________________________Witness #2 Signature__________________________Witness #2 Name (Please Print)__________________________Witness #2 Street Address__________________________Witness #2 City and State/Territory
Last Updated January 7, 2025
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A Codicil is a legal document that amends your Last Will and Testament, helping you keep your estate plan up to date. With a Codicil, you can change, add, or remove clauses from your Will, so you don’t have to rewrite or execute an entirely new document.
After creating and signing your Codicil with the necessary witnesses, you attach it to your Last Will and store the amended document with the rest of your estate planning documents.
A Codicil is also known as an:
You can use a Codicil to make straightforward changes to your Will, including:
Although a Codicil can amend a Will, there are better approaches for revoking a Will.
For example, you can revoke your Will by:
Although you can physically destroy a Will to revoke it, it’s best to document the revocation in writing. To best understand how to revoke a Will, check the relevant law in your state or territory.
Only the creator of a Last Will and Testament can use a Codicil. When you create a Last Will, you’re known as the testator or principal.
Even if you create a Power of Attorney and give your representative general authority, they cannot create a Codicil to make changes to your Will.
The easiest way to write a Codicil is by using a template. With our template, you need to provide the following information:
When writing amendments, use clear, plain language. You should be straightforward, so nothing is left to interpretation. Also, if you're adding clauses, specify where in the Will they apply.
Yes, Codicils are legally binding documents, provided they meet the necessary legal requirements of the jurisdiction in which they’re executed.
The following legislation governs Last Will amendments in each state and territory:
Yes, someone can contest your Codicil if they believe you didn’t execute it properly or if they have legal grounds to challenge it.
Common challenges to proper execution include:
In any situation, the onus is on the challenger to prove their case to a court, and this can be a costly and lengthy legal battle.
Yes, you can make multiple Codicils to your Last Will and Testament.
There is generally no limit to the number of Codicils you can create, but it's essential to keep the process organised and clear to avoid any confusion or conflicts.
If the changes you want to make are significant or numerous, it may be more appropriate to create a new Will that revokes all previous Wills and Codicils.
While Codicils can be a useful tool for making minor changes to your Will, it’s better to create a new Will for significant or complex changes.
For example, creating a new Will is often better if you wish to:
If you have already made several Codicils to your existing Will, creating yet another Codicil could make the document complex and difficult to interpret. In such cases, consolidating all changes into a new Will can provide a clearer and more organised representation of your wishes.
Yes, a Codicil can be revoked, just like a Last Will and Testament. There are a few ways to revoke a codicil:
Although physical destruction is a possible way to revoke a Codicil, it’s best to document the revocation in writing.
Yes, you need two witnesses’ signatures when signing a Codicil. Witnesses cannot be beneficiaries in your Will, nor can they be spouses of any beneficiaries.
After a divorce, it's generally advisable to review and update your estate planning documents, including your Will, rather than relying on a Codicil.
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