codicil faqs - legal123.com.au

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Codicil

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Page 1: Codicil FAQs - Legal123.com.au

Codicil

Page 2: Codicil FAQs - Legal123.com.au

What is a Codicil?

• Codicil is a document that amends an existing Will

• Creates additions or changes to a Will that has been written, signed and witnessed beforehand

• Used for any minor amendments or additions

• Not recommended for complex or major amendments or additions

Page 3: Codicil FAQs - Legal123.com.au

Can’t I handwrite changes on my Will?• You should NEVER write on your Will or

handwrite and initial changes to your Will

• If you do write on your Will it will be deemed ineffective and may be deemed invalid

• Make changes to your Will by writing a Codicil or writing a new Will

Page 4: Codicil FAQs - Legal123.com.au

How do I write a Codicil?

• Simple one page form

• Must be typed, signed, dated and witnessed by two independent witnesses

• Witnesses should– Not be relatives– Not be beneficiaries of your Will– Don’t have to be the same as your original

Will

Page 5: Codicil FAQs - Legal123.com.au

What do I do with my Codicil?

• Keep your Codicil with your original Will

• Store in a safe place

• Ensure your Executors and family know where to find your Will and Codicil

• No requirement to lodge or register either your Will or Codicil

Page 6: Codicil FAQs - Legal123.com.au

What do I do if I have complex changes?• Write a new Will with all your changes

• This Will should include an opening statement revoking all previous Wills (and Codicils)

• Ensures less confusion about your wishes

• Some States may have problems with numerous Codicils to a Will – so consider writing a new Will

Page 7: Codicil FAQs - Legal123.com.au

More Information?

• Go to our website: www.Legal123.com.au– Click Codicil or Will Kit links– More FAQs and articles on Codicils and our

Will Kit

• Purchase and download the easy-to-use Template– Easy to download, with no registration

required– Easy to understand, written in plain English– Easy to complete, with online video

instructions

Page 8: Codicil FAQs - Legal123.com.au

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