Codicil to a Will: Updating your Will in Australia

Last updated: February 2026

Key takeaways

  • A codicil is a legal document used to make small changes to an existing Will
  • Codicils must meet the same signing and witnessing rules as a Will
  • A codicil does not replace your Will, it updates part of it
  • Multiple codicils can exist, but too many can create confusion
  • In some cases where there are multiple changes, creating a new Will is a better option than using a codicil

Life changes can affect your Will. You might get married or divorced, appoint a new executor, or want to update who receives a specific gift. While you can create a new Will, that is not always necessary.

This guide explains what a codicil to a Will is, when it makes sense to use one, how to create one in Australia, and what legal requirements apply. It is written to help you understand your options before speaking with a legal professional.

Important note: A Will and any codicil are legal documents. This information is general only. Always seek advice from a qualified lawyer about your personal circumstances.

What is a codicil to a Will?

A codicil to a Will is a legal document that updates, adds to, or removes parts of an existing Will without replacing the whole document.

In simple terms, a codicil lets you make minor changes to your Will, such as changing an executor or updating a specific gift, while keeping the rest of your Will the same. The codicil and the original will are read together as one legal document.

Because a codicil forms part of your Will, it must be created and signed correctly to be legally binding in Australia.

When to use a codicil to update your Will

A codicil is usually appropriate when you want to make small, specific changes and the rest of your Will still reflects your wishes.

Common reasons people use a codicil include:

  • Changing an executor: Appointing a new executor or removing an existing one
  • Updating a gift: Changing who receives a particular item or sum of money
  • Correcting details: Fixing names, addresses, or factual errors

If the changes are limited and clear, a codicil can be a practical and cost-effective option.

When to create a new Will instead of a codicil

In some situations, creating a new Will might be the better option.

You may want to consider a new will if:

  • Major life events have occurred: Marriage, divorce, remarriage, or new children
  • Your wishes have changed significantly: Large changes to beneficiaries or asset distribution
  • You already have multiple codicils: Several amendments may increase the risk of confusion
  • Your assets or family structure are complex: A fresh Will may reduce the chance of disputes

If there is any doubt, a lawyer can help you decide whether a codicil or a new Will is more appropriate.

How to add a codicil to your Will in Australia

Adding a codicil follows a fairly clear process. While a lawyer is not legally required, professional advice is strongly recommended.

Step-by-step overview

  1. Review your existing Will: Identify exactly what you want to change and confirm the rest of the Will is still correct.
  2. Draft the codicil: The codicil must clearly refer to your existing Will and set out the changes you are making.
  3. Include key information: A codicil usually includes:
    • Your full name and address
    • The date of your original Will
    • A statement confirming which parts are being changed
    • A statement confirming the rest of the Will remains unchanged
  4. Sign and witness the codicil: A codicil generally needs to be signed in front of two adult witnesses. It is usually best to use witnesses who are not beneficiaries, because rules about beneficiary witnesses vary state by state and may affect gifts.
  5. Store it safely: Keep the codicil with your original Will so they are found and read together.

If you need help with this process, you can find a qualified lawyer through resources such as Legal Aid.

Who can create a codicil to a Will?

Only the person who made the original Will, known as the testator, can create a codicil to that Will.

To create a valid codicil, the testator must:

  • Usually be 18 or older (there may be exceptions in some situations and jurisdictions).
  • Have legal capacity, meaning they understand what the codicil does and its effect
  • Sign the document voluntarily

If capacity is in question, legal advice is essential to avoid disputes later.

How much does a codicil cost?

The cost of a codicil varies depending on the lawyer and the complexity of the changes.

In general:

  • Codicils are usually cheaper than creating a new Will
  • They are often short documents and can be prepared relatively quickly

Once prepared, a codicil must be signed and witnessed in the same way as a Will. It should be stored with the original Will, so it is found and read together.

Example of a codicil to a Will

Below is a simplified example to help illustrate the structure of a codicil. This is for general understanding only and should not be used without legal advice.

CODICIL TO LAST WILL AND TESTAMENT OF [YOUR NAME]

I, [NAME] (the ‘Testator’) of [RESIDENCE/LOCATION], declare this to be my codicil (my ‘Codicil’) to my Last Will and testament being dated [DATE] (my ‘Last Will’).

1. Clause [INSERT CLAUSE] of my Last Will is modified as follow:

The beneficiary of [X] will be changed from “[Y]” to “[Z] of [NEW BENEFICIARY’S RESIDENCE/LOCATION]”.

2. I hereby confirm and republish my Last Will dated [DATE] in all respects other than those mentioned here.

IN WITNESS WHEREOF, I have signed my name on this [DATE NUMBER] day of [MONTH], [YEAR], at [LOCATION], 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.

[NAME] (Testator)

[WITNESS #1 SIGNATURE, NAME, ADDRESS]

[WITNESS #2 SIGNATURE, NAME, ADDRESS]

Common mistakes to avoid when using a codicil

Codicils can cause problems if they are not prepared carefully.

Common mistakes may include:

  • Making handwritten changes directly on the Will
  • Creating multiple codicils that contradict each other
  • Failing to sign or witness the codicil correctly
  • Not storing the codicil with the original Will
  • Using a codicil when a new Will would be clearer

Avoiding these mistakes can help reduce delays and disputes during probate.

Seeking professional advice when updating your Will

While codicils can be straightforward, estate planning can quickly become complex. A qualified lawyer can help ensure your codicil is valid, clear, and consistent with your intentions.

Professional advice is especially important if:

  • Your family situation is complex
  • You have significant assets
  • You are unsure whether to use a codicil or create a new Will

Are codicils legally binding?

Yes, codicils are legally binding in Australia if they meet the same legal requirements as a Will, including correct signing and witnessing.

Can a codicil be contested in Australia?

Yes, a codicil can be contested in the same way as a Will. Common reasons include lack of capacity, undue influence, or improper execution.

Can I add a codicil to my Will myself?

You can write a codicil yourself, but it must meet legal requirements to be valid. Legal advice is recommended to reduce the risk of errors or disputes.

Does a codicil have to be notarised or witnessed in Australia?

A codicil does not need to be notarised, but it must be properly witnessed, usually by two adults who are not beneficiaries.

Does a codicil override a Will?

A codicil overrides only the parts of the Will it changes. The rest of the Will remains valid and unchanged.

How many codicils can you have?

You can have more than one codicil, but having multiple codicils can increase confusion. In many cases, a new Will is clearer.

Can you revoke a codicil?

Yes, a codicil can be revoked, either by creating another codicil or by making a new Will that replaces earlier documents.

Reviewing your Will and estate plan

Updating your Will is one part of planning ahead. It is also worth considering how your loved ones will manage financially after your death.

Funeral insurance can help cover funeral costs, reducing financial pressure during an already difficult time. If you would like to learn more, request a quick quote today.

24 Feb 2026

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This information is general only and does not take into account your objectives, financial situation, or needs. Consider the relevant Product Disclosure Statement and seek professional advice where appropriate.