In most Australian cases, a new will beats a codicil. A new will removes ambiguity by capturing every instruction in one current document, while a codicil leaves two documents that an executor has to read together. Both still demand the same signing and witnessing formalities, so a codicil rarely saves the effort people expect.
TL;DR:
- A new will generally outweighs a codicil because it simplifies estate administration and reduces probate delays, especially when multiple changes are involved.
- Codicils are only suitable for minor, urgent updates that do not conflict with the existing will and can be clearly understood when read alongside it.
- Both documents require the same strict signing and witnessing formalities, and handwritten modifications are not legally valid amendments.
- Relying on multiple codicils can create confusion, increase the risk of lost or conflicting documents, and delay estate distribution at probate.
- It is usually more cost-effective and safer to draft a new will with an explicit revocation clause rather than using a codicil for substantial updates.
Table of Contents
- Codicil vs new will: a quick side-by-side
- When a codicil might work, and when it won’t cut it
- The legal formalities you can’t skip either way
- Why codicils cause more probate headaches than people expect
- How to actually update your will the right way
- What to bring to your will update appointment
- Why Simons George Legal recommends a new will in most cases
- Funding Your Legal Matter — No Win, No Fee
- Sources
- FAQ
Codicil vs new will: a quick side-by-side
A codicil is a short legal document that amends specific clauses in an existing will, typically things like swapping an executor or adjusting a small bequest. It doesn’t replace the will; it sits alongside it, and anyone reading your estate plan later has to interpret both together.
A new will works differently. It contains an explicit revocation clause that cancels every earlier will and codicil, so only one document governs your estate. That single clause is doing a lot of quiet legal work, and it’s the main reason practitioners lean toward replacement over amendment.
Here’s how the two stack up on the factors that matter most:
- Best for minor edits: a codicil can suit a truly small, urgent fix; a new will suits anything bigger than one clause.
- Legal formality risk: identical for both. Codicils get no shortcut on signing or witnessing.
- Executor convenience: a new will is one document to follow; a codicil means cross-referencing two, which raises the odds of a misread clause.
- Probate delay risk: higher with codicils, since a missing or contradictory codicil can trigger questions at probate.
- Cost and time: fixed-fee drafting has narrowed the gap, so a new will often costs little more than a codicil while removing most of the downside risk.
When a codicil might work, and when it won’t cut it
Not every change needs a full rewrite. The test is whether the change is small enough that a codicil can’t create confusion, and whether your executor would still find the instructions crystal clear reading both documents side by side.
A codicil can be a reasonable, temporary fix in a narrow set of circumstances:
- A single, truly minor edit — correcting a spelling error in a beneficiary’s name, for example.
- An urgent administrative fix where time doesn’t allow for a full redraft before signing, such as an imminent trip or medical procedure.
- No conflict with the rest of the will — the change stands entirely on its own with zero risk of contradicting an earlier clause.
Most other situations call for a new will. That includes changing your executor, acquiring new assets like property or a business interest, a new relationship or separation, the birth of a grandchild you want to provide for, or simply needing more than one change at once. Multiple codicils stacked over the years are a particular problem: each one has to be reconciled with the others, and courts interpreting a will with three or four codicils attached often have to work out which clause actually survives.
The simplest gut check: hand your will and any codicil to someone who’s never seen either, and ask if they can tell you, without hesitation, who gets what. If they can’t, your executor won’t be able to either.
Pro Tip: If you’re debating between a codicil and a new will, price it out first. Ask a solicitor for a fixed-fee quote on a full replacement before assuming the codicil is the cheaper option, because the answer surprises most people.
The legal formalities you can’t skip either way
Codicils and new wills must meet the same formalities under state Wills Acts: the document must be in writing, signed by the willmaker, and witnessed by two people who are not beneficiaries. A codicil gets no lighter treatment just because it’s shorter.
That formality requirement is exactly why a codicil rarely saves real time. If you’re going to organise two witnesses and a signing anyway, the marginal effort to draft a full new will is often small.
A few formality traps catch people out regularly:
- Handwritten changes on the original will are not valid amendments. Scribbling a new figure next to a bequest, even if initialled, can invalidate that clause or the whole document.
- A codicil signed without proper witnesses carries the same invalidity risk as an unwitnessed will.
- Beneficiaries acting as witnesses can void the gift to that witness, even where the rest of the document stands.
- Electronic and remote execution is now accepted in some circumstances following pandemic-era reforms, but the rules vary by state and situation, so check the current requirements for electronic wills before relying on them.
Why codicils cause more probate headaches than people expect
Codicils go missing. They’re a separate piece of paper, often stored apart from the original will, and if a codicil can’t be located at probate it may be presumed revoked, potentially undoing that change, which can undo exactly the change you intended to make.
Conflicting wording is the second trap. Where a codicil’s language doesn’t line up cleanly with the original will, a court may need to determine which clause governs, and that process can delay distributing estate assets for months.
- Codicils can be physically separated from the will and overlooked during administration.
- Wording that contradicts the original will can see a clause declared invalid.
- Even a paperclip mark or a handwritten note near a signature can raise doubts about document integrity and delay probate.
Practitioners see this often enough that many now default to drafting a new will rather than risking a codicil whenever more than one small change is needed.
How to actually update your will the right way
Replacing a will isn’t complicated, but skipping a step is how mistakes creep in. Work through it in order:
- Review your current will and any existing codicils. List every change you want, no matter how small, before you draft anything.
- Draft a new will with an explicit revocation clause that cancels all prior wills and codicils, so there’s no ambiguity about which document is current.
- Sign and witness it correctly — two witnesses, neither a beneficiary, present at the same time.
- Tell your executor where the final signed will is stored, and give them a copy or clear access instructions.
- Destroy casual old copies of superseded wills so nobody mistakenly acts on an outdated version.
If your estate involves a blended family, a business, overseas assets, or anyone likely to contest the outcome, book a solicitor rather than attempting a DIY fix. The same principle applies to international wills, where formality requirements can shift between jurisdictions.
Pro Tip: Keep a running note on your phone every time a life event happens (a new grandchild, a property purchase, a separation) so when you finally sit down to update your will, you’re not trying to remember five years of changes from scratch.
What to bring to your will update appointment
Turning up prepared saves time and legal fees. A short checklist covers most of what a solicitor will ask for:
- Full names and details of your executor (and a backup executor).
- Beneficiary names and the exact proportions or specific gifts you want each to receive.
- A current asset list, including property, superannuation, and business interests.
- Confirmation you want a revocation clause covering all earlier wills and codicils.
- Two witnesses lined up who are not named as beneficiaries.
| Item to check | Why it matters |
|---|---|
| Executor and backup executor named | Avoids delay if your first choice can’t act |
| Storage location told to executor | Prevents the final will being overlooked at probate |
| Related documents reviewed | Power of attorney and guardianship should match your current wishes |
| Testamentary trusts considered | Relevant if you have minor children or vulnerable beneficiaries |
Once signed, tell your executor exactly where the will lives and review the whole set again, using something like an estate planning checklist, every few years or after any major life change.
Why Simons George Legal recommends a new will in most cases
Contested wills and delayed probate share a common thread: unclear or conflicting documents. That pattern shapes how we advise clients at Simons George Legal, and it’s why a single, current will beats a codicil for anything beyond the smallest edit.
Our guidance on making and amending a will reflects this. If your circumstances involve more than one change, seek tailored advice rather than relying on a DIY codicil.
— George
Funding Your Legal Matter — No Win, No Fee
Contesting a will or an executor’s decision often comes with a real financial worry: can you afford to fight for what you’re entitled to? Simons George Legal offers No Win, No Fee arrangements for eligible estate disputes, so cost isn’t the reason a legitimate claim goes unpursued.
Eligibility is assessed during a free initial consultation, where the merits of your matter are reviewed before any commitment is made. That removes the upfront barrier for people who have a genuine claim but limited cash flow to fund a dispute upfront.
If you think you may have grounds to contest an estate outcome, consider booking a free case assessment to find out where you stand.
No Win, No Fee arrangements are subject to case eligibility and a written costs agreement. Liability limited by a scheme approved under Professional Standards Legislation.
This article is general information, not a substitute for advice from a qualified lawyer. Consult a qualified legal professional about your own circumstances before acting on anything here.
Sources
- Changing a will — LawHub (Victoria)
- How do you update your will in Australia? — Mondaq
- How to Change a Will in Australia: Codicil vs. New Will — LawDocs
- Changing a will — The Law Handbook
FAQ
Can a codicil replace a new will entirely?
No. A codicil only amends specific parts of an existing will; it doesn’t create a fresh, standalone document. For anything beyond a single minor change, a new will with a full revocation clause is the safer option.
What’s the legal definition of a codicil in Australia?
A codicil is a supplementary legal document that amends, rather than replaces, an existing will, and it must meet the same signing and witnessing formalities as a full will to be valid.
Are handwritten changes to a will legally valid?
No. Handwriting a change directly onto a signed will, even if initialled, is not a valid amendment in Australian jurisdictions and can invalidate that clause or the whole document. Any change needs a properly signed and witnessed codicil or new will instead.
How much does Simons George Legal charge to draft a new will?
Pricing depends on the complexity of your estate and isn’t published as a flat figure. Contact Simons George Legal through the will drafting and amendment service page for current pricing based on your circumstances.
When should I use a codicil instead of a new will?
A codicil suits only a truly minor, urgent fix with zero risk of contradicting the rest of your will, such as correcting a spelling error. Anything involving a new asset, a changed relationship, or more than one edit generally justifies a new will instead.