Codicil vs New Will Australia: When to Use Each | Complete Guide 2025

When your circumstances change, you need to update your will. The question is whether to add a codicil to your existing will or create an entirely new one. Making the wrong choice can lead to confusion, disputes, or even an invalid document.

The Cost of Getting It Wrong

According to court records, will disputes in Australia have increased by over 40% in the past decade. A significant portion of these disputes stem from improperly amended wills, estates where multiple codicils created confusion, or where handwritten alterations invalidated entire documents. The average contested will case costs $50,000-$200,000 in legal fees, often consuming 20-40% of the estate value.

Why This Decision Matters

This article is part of WillBuddy's Knowledge Centre explaining codicil vs new will decisions for Australians. We provide practical guidance based on legal requirements and real-world experience helping thousands of people keep their wills current.

Australian Will Update Statistics

In This Article You'll Learn

• What a codicil is and how it legally works with your existing will
• When to use a codicil (and when it's a costly mistake)
• When to make a new will instead (with decision flowchart)
• Proper execution requirements for both documents
• How to revoke old wills correctly (avoid the common traps)
• State-specific rules for all 8 Australian states and territories
• Real case studies showing what went wrong
• Cost-benefit analysis with actual figures
• Common mistakes that invalidate codicils
• Step-by-step checklists for both options

What Is a Codicil?

Definition

A codicil is a separate legal document that makes specific amendments to an existing will without replacing the entire will. Think of it as an "addendum" or "amendment" to your original will.

The word "codicil" comes from the Latin codicillus, meaning "a short writing" or "little book." In modern Australian succession law, a codicil must be executed with the same formalities as a will to be legally valid.

Historical Context

Before digital document creation became widespread, codicils were the practical solution for making minor changes. Creating an entirely new will meant rewriting everything by hand or paying for complete re-drafting. Today, with word processing and online will platforms, creating a new will is often just as easy, and usually safer.

How Codicils Work

How Courts Interpret Codicils

Example Codicil Wording

"This is the First Codicil to my Will dated [date].

I revoke the appointment of [old executor] as Executor and Trustee and appoint [new executor] in their place.

In all other respects I confirm my said Will.

Signed by me on [date]."

Alternative Codicil Formats

Format 1: Adding a Beneficiary

"This is the First Codicil to my Will dated [date].

I give the sum of $10,000 to my nephew, James Robert Smith of [address], free of all duties.

In all other respects I confirm my said Will."

Format 2: Changing a Specific Gift

"This is the First Codicil to my Will dated [date].

I revoke clause 4 of my said Will and substitute the following:

'I give my piano to my granddaughter Emily Jane Brown.'

In all other respects I confirm my said Will."

Format 3: Updating Contact Details

"This is the First Codicil to my Will dated [date].

The address of my Executor, John Smith, referred to in my said Will is now [new address].

In all other respects I confirm my said Will."

Legal Standing of Codicils in Australia

All Australian states and territories recognise codicils under their succession legislation:

When to Use a Codicil

The Reality: Codicils Are Rarely the Best Choice

While codicils are legally valid, modern estate planning practice generally favours creating new wills. According to the Law Society of NSW, over 80% of estate lawyers now recommend new wills over codicils for almost all changes.

Why? Because the marginal cost savings of a codicil are usually outweighed by:

• Increased risk of document chain confusion
• Higher probability of probate delays
• Greater likelihood of challenges
• Storage and location issues (codicil must stay with will)

Appropriate Uses for Codicils

When a Codicil Is Genuinely Appropriate

A codicil may be appropriate when:

Codicil Suitability Checklist

Use a codicil only if ALL of these apply:

• You're making only ONE change
• The change is minor/administrative
• Your existing will is recent (less than 3 years old)
• Your existing will is clear and well-drafted
• You have NO existing codicils
• The change doesn't affect major distributions
• The change doesn't create any inconsistencies
• The change doesn't involve significant assets
• All parties named in will are still alive
• Your family circumstances haven't changed
• You haven't had a major life event

If any of these don't apply, make a new will instead.

The "One Codicil Rule"

Estate planning professionals generally follow the "one codicil rule":

Real-World Codicil Success Example

Situation: Margaret, 72, made a will in January 2024. In June 2024, her executor (her brother) moved from Melbourne to Adelaide.

Appropriate Action: A single codicil updating the executor's address.

Why This Works:

• Will is recent and clear
• Single administrative change
• No change to distributions
• No existing codicils
• Brother is still executor (just different address)

When to Make a New Will

The Default Recommendation: New Will

For most situations requiring will changes, a new will is the recommended approach. The marginal extra cost is almost always justified by the reduced risk and increased clarity.

Situations Requiring a New Will

The Document Chain Problem

Consider this scenario:

What happens at probate:

• Executor must locate and read all 4 documents
• Risk of inconsistencies between documents
• Increased chance of errors or misinterpretation
• Higher likelihood of challenges
• More complex probate process
• Higher legal fees for executor
• Longer administration timeline
• Greater chance of court rectification applications

Solution: A single new will in 2023 would be clearer and safer.

Case Study: The Document Chain Disaster

Estate of Wilson (2019) - $180,000 in Legal Fees

Harold Wilson made his will in 2005. Over the following 14 years, he made four codicils:

• Codicil 1 (2008): Changed executor from his brother to his son
• Codicil 2 (2011): Added a gift to his church
• Codicil 3 (2015): Changed the residue split between children
• Codicil 4 (2018): Removed his estranged daughter

The Problems:

• Codicil 3 and Codicil 4 both addressed the residue distribution but used different language
• Codicil 2 was not stored with the will, found separately in a drawer
• Codicil 1's executor appointment conflicted with language in Codicil 4
• One child argued Codicil 4 was made under undue influence (easier to argue with isolated document)

The Result:

• 18-month probate delay
• $180,000 in legal fees (approximately 15% of estate)
• Family relationships permanently damaged
• Court ultimately had to interpret Harold's intentions

Prevention: A single new will in 2018 incorporating all changes would have cost approximately $500 and prevented this disaster.

Case Study: The Hidden Codicil

Estate of Chen (2021) - $95,000 in Legal Fees

Mrs Chen made a will in 2010 leaving her $1.2 million estate equally to her three children. In 2016, she made a codicil leaving her home specifically to her daughter who cared for her.

The Problem: The codicil was stored in Mrs Chen's personal papers, not with the will. Her son (the executor) found only the original will and submitted it to probate.

Six Months Later:

• The daughter found the codicil while cleaning out the house
• The estate had already been partially distributed
• Legal action was required to rectify the distribution
• The son had to return funds already spent on his own property purchase

The Result:

• $95,000 in legal fees to rectify
• 14-month delay in final distribution
• Significant family conflict

Prevention: A new will in 2016 (a single, clear document) would have prevented this entirely.

Life Events That Always Require a New Will

The "5-Year Rule" for New Wills

Estate planning professionals recommend reviewing your will at least every 5 years, even if no major changes have occurred. This is because:

Comparison Table: Codicil vs New Will

At-a-Glance Comparison

Detailed Cost-Benefit Analysis

Long-Term Cost Analysis

Over a 20-year period with periodic changes:

The Reality: The "savings" from using codicils typically disappear when you factor in:

• Higher probate fees for multiple documents
• Increased executor time and complexity
• Higher professional fees during administration
• Substantially higher litigation risk

Time Investment Comparison

Proper Execution Requirements

Why Execution Matters

According to Supreme Court Probate Registry statistics, approximately 8% of submitted wills have execution defects. For codicils, the rate is even higher, 12% of codicils have execution problems at probate. Improper execution is one of the leading causes of will validity challenges.

Codicil Execution

A codicil requires exactly the same formalities as a will:

New Will Execution

Witnessing Procedure: Step-by-Step

Who Should NOT Be a Witness

Ideal Witness Characteristics

Case Study: The Witness Problem

Estate of Thompson (2020) - $45,000 in Legal Fees

Mr Thompson made a codicil leaving $50,000 to his neighbour. His wife and daughter witnessed it.

The Problem: His daughter was also the residuary beneficiary. The codicil reduced her inheritance by $50,000.

The Result:

• Gift to neighbour was void under witness beneficiary rules
• Court ruled daughter was an "interested witness"
• $50,000 went back to residue (to the daughter anyway)
• $45,000 spent proving this outcome

Prevention: Use two independent witnesses with no interest in the estate.

State-Specific Execution Requirements

All states require the same basic formalities, but courts have different approaches to fixing defects:

Important: While courts can validate informally executed wills, this requires a court application, costs $5,000-$15,000, and delays probate by 3-6 months. Always execute properly to avoid this.

How to Properly Revoke a Will

The Critical Importance of Proper Revocation

Improper revocation causes approximately 15% of all will disputes in Australian courts. The most common problems:

• Multiple wills found with no clear revocation
• Destroyed wills where no replacement exists
• Partial destruction creating ambiguity
• Revocation without valid replacement (dying intestate)

Valid Revocation Methods

Revocation by New Will: The Gold Standard

The revocation clause in your new will should read:

"I revoke all former wills and codicils and declare this to be my last will."

This is the safest revocation method because:

What Does NOT Revoke a Will

Revocation by Destruction: Getting It Right

If you choose to revoke by destruction (not recommended as sole method):

Case Study: The Incomplete Destruction

Estate of Roberts (2018) - $120,000 in Legal Fees

Mr Roberts made a will in 2010 leaving everything to his wife. In 2015, after divorce, he tore the will in half and threw it in the bin. He never made a new will.

What Happened:

• Ex-wife's solicitor found the torn pieces in his papers after death
• Court had to determine if this was valid revocation
• Estate worth $850,000 with no clear successor
• Children argued torn will should be restored
• Ex-wife argued destruction showed intent to revoke

The Result:

• 18-month court battle
• $120,000 in legal fees
• Court ultimately ruled partial intestacy
• Distribution different from any party's expectations

Prevention: Make a new will with revocation clause after divorce, cost: $300-$500.

Marriage and Revocation

Marriage automatically revokes previous wills in most Australian states:

Exception: A will made "in contemplation of marriage" to a specific person is not revoked by that marriage. The will must explicitly state this.

Divorce and Revocation

Divorce does NOT revoke your will, but it does affect certain provisions:

Critical Warning: Even though the law provides some protection, always make a new will after divorce. The automatic provisions are a backstop, not a complete solution.

Best Practice Revocation Process

What to Do with Old Will Copies

State-Specific Rules

Understanding state-specific rules is important because while the core principles are similar across Australia, there are variations in:

• Legislation references
• Court discretion to save gifts
• Specific revocation provisions
• Filing and probate procedures

New South Wales

NSW-Specific Considerations:

• NSW courts are relatively willing to validate informal documents
• Family provision claims must be filed within 12 months of death
• Electronic wills remain invalid (despite COVID-19 temporary provisions)
• Will alterations after execution are presumed to be made before execution unless proved otherwise

Victoria

VIC-Specific Considerations:

• Victoria led Australia in informal will validation
• Family provision claims within 6 months of grant of probate
• Strong precedent for validating electronic communications as codicils
• Will challenges must be brought in Supreme Court

Queensland

QLD-Specific Considerations:

• Queensland has validated text messages and DVDs as testamentary documents
• Family provision claims within 9 months of death or 6 months of grant
• Specific provisions for Indigenous testators
• More flexible approach to informal wills

South Australia

SA-Specific Considerations:

• South Australia was first Australian state to recognize informal wills (1975)
• Family provision claims within 6 months of grant
• More conservative interpretation of testamentary intention
• Specific provisions for agricultural estates

Western Australia

WA-Specific Considerations:

• Divorce treats ex-spouse as having predeceased (s14A)
• Family provision claims within 6 months of grant
• More formal approach to will execution
• Specific rules for remote and Indigenous communities

Tasmania

TAS-Specific Considerations:

• Modern Wills Act (2008) with contemporary provisions
• Family provision claims within 3 months of grant
• Relatively straightforward probate process
• Smaller estates may qualify for simplified administration

Australian Capital Territory

ACT-Specific Considerations:

• Federal employees may have additional considerations
• Family provision claims within 6 months of grant
• Will may be affected by federal superannuation rules
• Relatively modern legislation with 2016 amendments

Northern Territory

NT-Specific Considerations:

• Special provisions for remote communities
• Family provision claims within 12 months of death
• Consideration for traditional Aboriginal customary law
• Smaller legal community, personal service matters

State Comparison Summary

Common Mistakes to Avoid

According to Australian probate court records, approximately 20% of contested estates involve issues that could have been avoided with proper will update procedures. The following mistakes are the most common, and most costly.

The Cost of Common Mistakes

Source: NSW Supreme Court Probate Registry Statistics 2023; Victoria Supreme Court Annual Report

Codicil-Specific Mistakes

Case Study: The Written Amendment

Background: Margaret (79, Victoria) wrote in pencil on her will: "I now want to leave my car to James instead of Peter."

What happened:

• Margaret died 6 months later
• Peter claimed the pencil note was not a valid amendment
• James argued it showed Margaret's final intention
• The court had to determine if this constituted a valid codicil or informal will

Result:

• $45,000 in legal fees before settlement
• 14 months of family conflict
• The court ultimately validated the amendment as an informal will under s9 of Victoria's Wills Act
• However, significant costs and delays could have been avoided with a proper codicil

Lesson: Even simple changes require formal execution to avoid costly disputes.

New Will Mistakes

Case Study: The Undestroyed Will

Background: Robert (67, Queensland) made a new will in 2021 but kept his 2018 will "just in case."

What happened:

• Robert died in 2023
• Family found the 2018 will in his desk at home
• The 2021 will was with his solicitor
• The 2018 will was more favourable to his second wife
• First family argued he intended to revoke the 2021 will by keeping the 2018 will

Result:

• $95,000 in legal fees across multiple hearings
• 18 months before probate granted
• The 2021 will was upheld as it was later in time with proper revocation clause
• Permanent damage to family relationships

Lesson: Old wills should be physically destroyed to prevent claims about testamentary intent.

DIY vs Professional Mistake Rates

Source: Law Council of Australia, Wills and Estates Committee Survey 2023

The Most Expensive Mistakes by State

Prevention Checklist

Before Making Any Changes:

• Review your current will completely (not just the section to change)
• List all changes you want to make
• Consider if a new will would be simpler
• Check if you already have any codicils
• Verify your will is less than 5 years old

During the Update:

• Use proper legal language (not casual notes)
• Reference original will by date
• Ensure complete consistency with existing provisions
• Follow all execution requirements
• Use two independent adult witnesses

After the Update:

• Store codicil with original will
• Notify executor of changes
• Destroy any old documents that might cause confusion
• Keep a record of what you changed and why
• Consider a professional review if changes are significant

Decision Guide: Codicil or New Will?

Making the right choice between a codicil and new will can save thousands of dollars and prevent years of family conflict. Use these decision tools to determine the best approach for your situation.

The 90% Rule

In approximately 90% of cases, a new will is the better choice. The situations where a codicil is genuinely appropriate are quite narrow:

Quick Decision Tree

START: Do you need to update your will?
│
├── Is this your first change to this will?
│ ├── NO → MAKE A NEW WILL ★
│ └── YES → Continue...
│
├── Is it a single, minor change?
│ ├── NO → MAKE A NEW WILL ★
│ └── YES → Continue...
│
├── Is your will less than 5 years old?
│ ├── NO → MAKE A NEW WILL ★
│ └── YES → Continue...
│
├── Is your family situation simple (no blended families, disputes)?
│ ├── NO → MAKE A NEW WILL ★
│ └── YES → Continue...
│
├── Is the change administrative only (address, name spelling)?
│ ├── NO → MAKE A NEW WILL ★
│ └── YES → Continue...
│
├── Does the change affect distribution of assets?
│ ├── YES → MAKE A NEW WILL ★
│ └── NO → Continue...
│
├── Does the change affect who gets what (any gift)?
│ ├── YES → MAKE A NEW WILL ★
│ └── NO → Continue...
│
├── Is your estate worth more than $500,000?
│ ├── YES → Consider professional advice before codicil
│ └── NO → CODICIL MAY BE SUITABLE ✓

★ = New will strongly recommended
✓ = Codicil potentially appropriate (rare case)

Detailed Cost-Benefit Analysis

The "Hidden Cost" Analysis

When comparing costs, consider the total cost including potential dispute:

Key insight: Even when a codicil costs less upfront, the expected total cost (including dispute risk) often makes a new will more economical.

Scenario-Based Recommendations

Scenario 1: Simple Address Update

Situation: Your executor moved interstate. Nothing else needs changing.

Recommendation: Codicil suitable Cost: $50-$150 for codicil vs $200-$400 for new will Risk: Low

Scenario 2: Add a Small Gift

Situation: Want to add a $10,000 gift to your nephew.

Recommendation: New will preferred Why: Any change to distribution increases dispute risk Cost difference: $100-$300 more for new will Peace of mind: Priceless

Scenario 3: Post-Divorce Update

Situation: Recently divorced, need to remove ex-spouse as beneficiary.

Recommendation: New will essential Why: Divorce affects superannuation, insurance, and trusts beyond the will Cost: $400-$800 for comprehensive new will Risk of codicil: Extremely high dispute probability

Scenario 4: Multiple Small Changes

Situation: Want to update executor's address, add a charity gift, and correct a name spelling.

Recommendation: New will required Why: Multiple codicils or complex single codicil creates confusion Cost: $200-$500 for new will Savings on potential disputes: $30,000-$60,000

Professional Guidance Triggers

Always consult a solicitor before deciding if:

• Your estate exceeds $500,000
• You have a blended family
• There's any history of family conflict
• You have business interests
• You own property in multiple states
• Any beneficiary has a disability
• You're considering a testamentary trust
• You've had a major life event (divorce, new child, illness)
• Anyone might contest your will

Cost Comparison by State

Costs vary significantly based on complexity. Major city solicitors typically charge more than regional practitioners.

After Making Changes

The work doesn't end when you sign your codicil or new will. Proper post-execution steps are critical, approximately 15% of probate disputes could have been avoided with proper document management after signing.

Codicil Completion Checklist

Immediately After Signing:

• Verify codicil properly drafted and complete
• Confirm it references original will by exact date (e.g., "my Will dated 15 March 2021")
• Ensure you signed in the presence of both witnesses
• Confirm both witnesses signed in your presence and each other's presence
• Verify witnesses printed their names and addresses legibly
• Check no beneficiary under the codicil acted as a witness

Within 24 Hours:

• Physically attach codicil to original will (staple or clip together)
• Store both documents in the same secure location
• Make a note of the storage location

Within 1 Week:

• Notify your executor of the codicil and its contents
• Provide executor with storage location details
• Consider providing executor with a copy (clearly marked "COPY")
• Update any will registry entries if applicable
• Notify your solicitor if they hold your will

Document for Your Records:

• Date the codicil was executed
• Names and contact details of witnesses
• Summary of changes made
• Location where original will and codicil are stored
• Who has been notified

New Will Completion Checklist

Immediately After Signing:

• Verify new will includes explicit revocation clause
• Confirm all your current wishes are accurately included
• Ensure you signed at the bottom of each page and the attestation clause
• Verify both witnesses signed in your presence and each other's presence
• Confirm witnesses printed their names, addresses, and occupations
• Check no beneficiary under the will acted as a witness

Within 24 Hours:

• Store the new will in a secure location
• Retrieve your old will (and any codicils)
• Physically destroy the old will:
• Tear into small pieces that cannot be reassembled
• Burn completely (preferred if safe)
• Shred using a cross-cut shredder
• Destroy all copies of the old will

Within 1 Week:

• Notify your executor of the new will
• Inform executor of the old will's destruction
• Provide executor with new will's storage location
• Update any will registry entries
• Notify your solicitor if they held the old will
• Consider providing executor with a copy (clearly marked "COPY - ORIGINAL HELD AT [LOCATION]")

Within 1 Month:

• Consider registering new will with NSW Registry of Births, Deaths and Marriages (optional but recommended)
• Update your personal records with new will details
• Review and update any binding death benefit nominations for superannuation
• Consider reviewing insurance beneficiaries

Old Document Destruction Protocol

Critical: Improper disposal of old wills is a leading cause of probate disputes.

For copies held by others:

Notification Template

Use this template when notifying your executor of changes:

Dear [Executor Name],

I am writing to inform you that I have [made a codicil to / replaced] my Will.

[FOR CODICIL:]
On [date], I executed a Codicil to my Will dated [original will date].
This Codicil [briefly describe changes, e.g., "updates your address" or
"adds a gift to [charity name]"].

The Codicil is stored with my original Will at [location].

[FOR NEW WILL:]
On [date], I executed a new Will which revokes all previous Wills and Codicils.

My previous Will dated [date] has been destroyed. Please destroy any
copies you may hold.

My new Will is stored at [location].

Please acknowledge receipt of this notification.

Yours sincerely,
[Your name]

Storage Options Comparison

Best practice: Primary storage in home safe or with solicitor, plus registration with NSW Registry of Births, Deaths and Marriages.

State-Specific Will Registries

Ongoing Review Schedule

Even after successfully updating your will, schedule regular reviews:

Practical Examples

Real-world scenarios help illustrate when to use a codicil versus making a new will. Each example includes the decision analysis, recommended action, and sample wording where appropriate.

Example 1: Simple Address Update (Codicil Appropriate)

Situation: Jennifer (52, NSW) made her will in 2022. Her executor, her brother Michael, recently moved from Sydney to Brisbane. His role remains the same.

Analysis:

Decision: Codicil appropriate

Sample Codicil Wording:

CODICIL TO THE WILL OF JENNIFER ANNE SMITH

I, JENNIFER ANNE SMITH of 45 George Street, Sydney NSW 2000,
DECLARE this to be the First Codicil to my Will dated 15 March 2022.

1. I hereby amend Clause 3 of my said Will to update the address of
 my Executor MICHAEL JAMES SMITH from "23 Harbour Road, Sydney NSW 2000"
 to "156 Brisbane Road, Fortitude Valley QLD 4006".

2. In all other respects I confirm my said Will dated 15 March 2022.

SIGNED by me on this [date] day of [month] [year]

_______________________
JENNIFER ANNE SMITH

SIGNED by the Testator in our joint presence and then by us in hers:

Witness 1: Witness 2:
Signature: ________________ Signature: ________________
Name: ____________________ Name: ____________________
Address: __________________ Address: __________________
Occupation: _______________ Occupation: _______________

Cost: Approximately $80-$150 if using a solicitor; free if DIY (but professional review recommended)

Example 2: Adding a Charity Gift (New Will Preferred)

Situation: Robert (68, Victoria) wants to add a $15,000 gift to the Heart Foundation. His will is 3 years old with no previous changes.

Analysis:

Decision: New will preferred (though codicil technically possible)

Why new will is better:

• Any change to distribution increases dispute risk
• This is an opportunity to review entire will
• Cost difference is minimal ($150-$200 more)
• Provides single, clear document

Sample New Will Clause (instead of codicil):

SPECIFIC GIFTS

I give the following gifts free of all duties and taxes:

(a) The sum of FIFTEEN THOUSAND DOLLARS ($15,000.00) to the
 Heart Foundation Limited (ABN 98 008 419 761) for its
 general charitable purposes.

[Existing gifts continue...]

Example 3: Post-Divorce Update (New Will Essential)

Situation: Sandra (45, Queensland) divorced 6 months ago. Her will names her ex-husband as executor and primary beneficiary.

Analysis:

Decision: New will essential

Why codicil is completely inappropriate:

• Divorce revokes gifts to ex-spouse in most states (not always executor appointment)
• Multiple clauses affected
• Very high contest risk from ex-spouse
• Need comprehensive review of all provisions
• Superannuation and insurance need separate review

Action checklist for Sandra:

• Make entirely new will
• Appoint new executor
• Review all beneficiaries
• Update superannuation binding death benefit nomination
• Review insurance beneficiaries
• Consider children's arrangements
• Destroy old will completely

Cost: $400-$800 for comprehensive new will (essential investment)

Example 4: Multiple Small Changes (New Will Required)

Situation: David (59, SA) wants to update his executor's phone number, add a $5,000 gift to his nephew, and correct his daughter's married name.

Analysis:

Decision: New will required

Why:

• Multiple changes in one codicil creates confusion
• Multiple codicils even worse
• Three changes = significant review opportunity
• Cost of new will similar to complex codicil

What NOT to do:

❌ WRONG: Making a codicil with multiple amendments

CODICIL TO THE WILL OF DAVID JOHN BROWN

1. I amend Clause 2 to update the phone number...
2. I add a new clause 4A to provide...
3. I amend Clause 5 to change the name from... to...

[This creates confusion and increases contest risk]

Correct approach: New will incorporating all changes seamlessly

Example 5: Second Codicil Needed? (New Will Required)

Situation: Margaret (72, WA) made a codicil to her will 2 years ago to update her executor's address. Now she wants to make another small change, adding her great-nephew as a $10,000 beneficiary.

Analysis:

Decision: New will required

Why:

• "One Codicil Rule", never have more than one codicil
• Second codicil creates document chain problem
• Probate complexity increases significantly
• Contest risk multiplies with each additional document

Case example: If Margaret made a second codicil:

At probate, the executor must present:
1. Original Will (2018)
2. First Codicil (2022)
3. Second Codicil (2024)

Each document must be proven authentic.
Each creates additional contest opportunity.
Court costs increase with document complexity.

Better approach: New will in 2024 that:

• Incorporates executor address change
• Adds gift to great-nephew
• Provides single clear document
• Cost: $300-$500 (less than potential dispute)

Example 6: Will Over 5 Years Old (New Will Required)

Situation: Thomas (61, NT) made his will in 2017. He wants to update his superannuation beneficiary nomination in the will to include his new partner.

Analysis:

Decision: New will required

Why:

• Will is over 5 years old
• Laws and circumstances likely changed
• Adding partner suggests significant life change
• Comprehensive review essential
• Note: Superannuation nominations in wills don't directly bind super funds, separate binding nomination needed

Additional actions for Thomas:

• Make new will
• Review all beneficiaries
• Complete new binding death benefit nomination with super fund
• Consider partner's entitlements
• Review all insurance policies
• Ensure will reflects current asset position

Example 7: Blended Family Change (New Will + Professional Advice)

Situation: Amanda (55, ACT) married a widower with two adult children 3 years ago. Her will, made 5 years ago, leaves everything to her own two children. She now wants to include her stepchildren.

Analysis:

Decision: New will with professional estate planning advice

Why codicil is dangerous:

• Blended families have highest family provision claim risk
• Complex balancing of interests required
• May need testamentary trust provisions
• Stepchildren provisions must be carefully drafted
• Potential conflict between spouse and children from prior relationship

Recommended approach:

1. Consult estate planning solicitor
2. Consider whether to:

• Leave percentage to stepchildren
• Create life interest for spouse
• Use testamentary discretionary trust
• Make specific gifts vs residue sharing

3. Ensure binding nominations coordinate with will
4. Consider mutual wills with new spouse (with caution)

Cost: $600-$1,500 for comprehensive blended family will (essential investment given complexity)

Summary: Quick Reference Table

Key Takeaways

Before you decide between a codicil and a new will, remember these essential points:

The Core Principles

When Codicils Are Appropriate (Rare)

✓ Single administrative change (address update, name spelling) ✓ First and only change to this will ✓ Will less than 5 years old ✓ Simple family situation ✓ No prior codicils

When New Wills Are Required

✗ Any change to beneficiaries or distribution ✗ Already have one or more codicils ✗ Will over 5 years old ✗ Multiple changes needed (even small ones) ✗ Major life event (divorce, marriage, children) ✗ Blended family situation ✗ Business interests or significant assets

The Hidden Cost Reality

Bottom line: The cheapest upfront option is often the most expensive in total.

Critical Execution Requirements

Every codicil and new will must be:

• Signed by you in the presence of two witnesses
• Witnessed by two adults who are NOT beneficiaries
• Signed by both witnesses in your presence and each other's presence
• Stored securely (ideally with original will for codicils)

After Making Changes

For Codicils:

• Store attached to original will
• Notify executor
• Never add another codicil

For New Wills:

• Include revocation clause
• Destroy old will completely
• Notify executor of location
• Update will registry if registered

Legislation and Official Resources

Will-making in Australia is governed by each state and territory's own succession legislation. The core statutes include:

• New South Wales: Succession Act 2006 (NSW)
• Victoria: Wills Act 1997 (Vic)
• Queensland: Succession Act 1981 (Qld)
• South Australia: Succession Act 2023 (SA)
• Western Australia: Wills Act 1970 (WA)
• Tasmania: Wills Act 2008 (Tas)
• Australian Capital Territory: Wills Act 1968 (ACT)
• Northern Territory: Wills Act 2000 (NT)

Because requirements differ between states and are amended over time, always confirm the current rules for your state, or seek advice from a qualified legal professional.

Related Guides

Explore these complementary resources to deepen your understanding of will updates and estate planning:

Will Updates and Changes

• How to Update or Change Your Will – Comprehensive step-by-step guide to updating your will
• Revoking or Cancelling a Will – Complete guide to revocation methods and procedures

Will Validity and Requirements

• Will Requirements Australia – Essential validity rules for Australian wills
• Will Witnesses Requirements – Detailed witness rules and common pitfalls

Life Events and Estate Planning

• Divorce Impact on Wills – How divorce affects your will and what to do
• Blended Family Will Planning – Estate planning for stepfamilies
• Minor Children and Guardianship in Wills – Protecting children through your will

Executors and Administration

• Will Executor Role and Responsibilities – What executors do and how to choose one
• Estate Administration Guide – The probate and administration process

Getting Professional Help

• Online Will vs Lawyer – When to use DIY vs professional assistance

Further Resources

Government Legal Aid Services (All States)

Public Trustees (All States)

Law Society Referral Services

Supreme Court Probate Registries

Professional Associations

• Law Council of Australia – Peak national body for legal profession
• Society of Trust and Estate Practitioners (STEP) Australia – Specialist estate planning professionals
• Trustee Corporations Association of Australia – Industry body for trustee companies

Educational Resources

• Australian Bureau of Statistics – Population and demographic data
• Federal Court of Australia – Wills & Estates – National will-related matters
• Australian Institute of Family Studies – Family law research

Getting Started with WillBuddy

Making the right decision about how to update your will is crucial, but you don't have to navigate it alone. WillBuddy is designed to help Australians create and maintain valid, comprehensive wills.

How WillBuddy Helps

Why Update Through WillBuddy

• Clarity: Our system produces clear, professional documents
• Compliance: All documents meet Australian legal requirements
• Convenience: Update from home at your own pace
• Cost-effective: Fraction of traditional solicitor fees
• Comprehensive: Covers all aspects of will creation and updates

When to Seek Professional Help

While WillBuddy handles most straightforward will situations, we recommend consulting a solicitor if you have:

• A blended family with potential disputes
• Business succession requirements
• Significant overseas assets
• Complex trust structures
• Likely family provision claims

Create Your Will Now →

Update an Existing Will →

This guide was prepared for general information purposes and reflects Australian law as of 2024. It does not constitute legal advice. For advice specific to your situation, consult a qualified solicitor in your state or territory.

Last updated: November 2024