Will Amendments - Codicils Flashcards
What is a codicil?
A codicil is a formal testamentary document that amends an existing will without replacing it. The will and codicil are read together.
What are the legal requirements for a valid codicil?
The testator must have testamentary capacity, knowledge and approval, and the codicil must comply with s.9 Wills Act 1837 (signed and witnessed).
What types of changes can a codicil make?
- Add new provisions (e.g. a new legacy)
- Edit existing clauses (e.g. change an amount)
- Revoke existing provisions (e.g. remove a beneficiary)
Is there a legal limit on the number of codicils a person can make?
No, but it is advisable to limit them to avoid confusion.
What presumption applies if a codicil contains no express revocation?
The original will remains valid unless inconsistent with the codicil
Can affidavit evidence be used to resolve inconsistencies?
Yes—e.g., to clarify dates or the number of codicils.
What happens when a codicil is executed?
It republishes the will it refers to. The will takes effect as if executed on the date of the codicil.
What consequences can republication have?
- Change who qualifies under class gifts (e.g. “youngest son at date of my will”)
- Change what assets are included (e.g. an item replaced before codicil execution)
How can a codicil correct issues in the original will?
- Re-executing the will through the codicil
- Validating gifts voided under s.15 WA 1837
- Confirming unattested manuscript amendments
How can a codicil overcome a void gift under s.15 Wills Act?
Can a codicil revive a previously revoked will?
Yes, but only if that was the testator’s intention and the will wasn’t revoked by destruction.
What happens if a codicil is later revoked?
The previously revoked parts of the will are not automatically revived.
Can a codicil validate an improperly executed will?
Yes. If a codicil refers to and is properly executed, it can give effect to the earlier invalid will.
