Codicil to Will — Last (Australia)
Amendment to Existing Will — State Succession Acts
CODICIL TO WILL
This Codicil to Will is made on [Codicil Date] by:
[Testator Name], of [Testator Address], [Testator Suburb] [Testator State] [Testator Postcode] (the "Testator").
I, [Testator Name], being of sound mind and testamentary capacity, make this Codicil to my Last Will and Testament dated [Original Will Date] (the "Will").
1. REVOCATIONS
I hereby revoke the following provisions of my Will dated [Original Will Date]:
[Revocations]
2. SUBSTITUTED AND NEW PROVISIONS
In place of the revoked provisions, and as an addition to my Will, I declare the following:
[Substitutions]
[Additional Provisions]
3. CONFIRMATION
In all other respects, I confirm and republish my Will dated [Original Will Date]. All provisions of my Will not expressly revoked or amended by this Codicil shall remain in full force and effect.
This Codicil is made under the succession laws of [Governing State], Australia, and must be executed with the same formalities as a Will under the applicable succession legislation of [Governing State].
SIGNED by the Testator as a Codicil to their Will:
Signature of Testator: _______________________
Full Name: [Testator Name]
Date: _______________________
ATTESTATION
The Testator signed this Codicil in our presence and we then signed as witnesses in the Testator's presence and in the presence of each other. Neither of us is a beneficiary under the Will or this Codicil.
Witness 1 Signature: _______________________ Full Name: _______________________
Address: _______________________ Date: _______________________
Witness 2 Signature: _______________________ Full Name: _______________________
Address: _______________________ Date: _______________________
IMPORTANT: Keep this Codicil with your original Will. Both documents will be needed when your Executor applies for Probate.
Testator
________________
Signature
Date: ________________
Witness 1
________________
Signature
Date: ________________
Witness 2
________________
Signature
Date: ________________
What Is a Codicil to Will — Last (Australia)?
A Codicil to Will in Australia directs how a person's property, money, and personal effects are distributed after death and names the executor responsible for administering the estate, with formal validity and execution governed by the Succession Act 2006 (NSW).
In Australia, codicils are governed by the same legislation as Wills: the Succession Act 2006 (NSW), Wills Act 1997 (Vic), Succession Act 1981 (Qld), Wills Act 1970 (WA), Wills Act 1936 (SA), and Wills Act 2008 (Tas). Each Act provides that a Will may be altered by a codicil that is executed in accordance with the requirements for making a Will.
A codicil must be executed with the same formalities as a Will: signed by the testator at the foot of the document, in the presence of two adult witnesses who are both present at the same time and who both sign in the testator's presence. Witnesses should not be beneficiaries under either the original Will or the codicil.
When the testator dies, the executor applies for Probate of the Will together with all codicils. The Supreme Court of the relevant state will grant Probate of the Will and codicil(s) together, and they are read as a single document for the purposes of administering the estate.
A codicil should identify the original Will it amends (by date and testator name), clearly state what is being amended, added, or revoked, and confirm that all other provisions of the original Will remain unchanged. For complex or extensive amendments, making a new Will that expressly revokes the previous Will is generally preferable to multiple codicils, which can become confusing.
The legal framework governing the Codicil to Will (Australia) in Australia draws on several key statutes and regulatory bodies. Under state succession legislation — including the Succession Act 2006 (NSW), Wills Act 1997 (Vic), and Succession Act 1981 (Qld) — the Supreme Court of each state administers probate. The Trustee Act 1925 (NSW) and equivalent state Acts govern trustee obligations. The Australian Taxation Office (ATO) administers estate taxation. Section 7 of the Succession Act 2006 (NSW) sets formal requirements for valid wills. The Privacy Act 1988 (Cth) applies to personal data held by executors and administrators. Parties executing a Codicil to Will (Australia) in Australia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Succession Act 2006 (NSW) sets the foundational requirements.
When Do You Need a Codicil to Will — Last (Australia)?
A Codicil is needed whenever a testator wishes to make a minor amendment to an existing Will without the expense and effort of preparing an entirely new Will. Common situations where a codicil is appropriate include: the named executor has died, moved overseas, or is no longer willing or suitable to act; a specific gift needs to be updated (for example, a named asset has been sold and a substitute is to be given); a new specific gift is to be added; a beneficiary has died and an alternative needs to be named; a minor error in the original Will needs to be corrected; or the testator wishes to add funeral wishes or a guardian nomination that was not included in the original Will.
A codicil is less suitable — and a new Will is preferable — when the changes are substantial, when the testator has married or divorced since the original Will was made (marriage revokes a Will in most states), when there have been significant changes in the estate's assets or value, or when the original Will is unclear or poorly drafted.
The Australia Codicil to Will (Australia) important to store the codicil with the original Will and confirm the executor knows where both documents are kept. The Supreme Court will require both the original Will and all codicils to grant Probate.
Parties in Australia should prepare a Codicil to Will (Australia) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under state succession legislation — including the Succession Act 2006 (NSW), Wills Act 1997 (Vic), and Succession Act 1981 (Qld) — the Supreme Court of each state administers probate. The Trustee Act 1925 (NSW) and equivalent state Acts govern trustee obligations. The Australian Taxation Office (ATO) administers estate taxation. Section 7 of the Succession Act 2006 (NSW) sets formal requirements for valid wills. The Privacy Act 1988 (Cth) applies to personal data held by executors and administrators. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Codicil to Will — Last (Australia)
A Codicil to a Will for Australia must include the following key elements to be legally effective.
Identification of the original Will must be clear and precise, including the date of the original Will and the testator's full name as it appears in that Will. This prevents any ambiguity about which Will the codicil is amending.
Identification of the testator must match exactly the testator's name and address in the original Will.
The amendment must be precisely stated. Each change should be expressed clearly: what is being revoked (e.g. 'I revoke clause 3 of my Will dated [date]'), what is being substituted or added (e.g. 'In place thereof, I give...'), and any new provisions being inserted.
Confirmation of unchanged provisions should be included: the codicil should state that all other provisions of the original Will remain in full force and effect. This confirms that the codicil does not unintentionally affect other parts of the Will.
Execution requirements must strictly comply with the relevant state succession legislation. The testator must sign the codicil at the foot of the document in the presence of two adult witnesses who are both simultaneously present. Both witnesses must sign in the testator's presence. Witnesses should not be beneficiaries under either document.
Storage and registration: the codicil should be kept with the original Will. Australia does not have a mandatory national Will registration system, though some states have voluntary Will registration services through their Supreme Courts or Law Societies.
Additional compliance elements for a Codicil to Will (Australia) used in Australia include: Under state succession legislation — including the Succession Act 2006 (NSW), Wills Act 1997 (Vic), and Succession Act 1981 (Qld) — the Supreme Court of each state administers probate. The Trustee Act 1925 (NSW) and equivalent state Acts govern trustee obligations. The Australian Taxation Office (ATO) administers estate taxation. Section 7 of the Succession Act 2006 (NSW) sets formal requirements for valid wills. The Privacy Act 1988 (Cth) applies to personal data held by executors and administrators. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Codicil to Will — Last (Australia) (Australia) [Legal document template]. Forms Legal. https://forms-legal.com/australia/estate-planning/wills/codicil-to-will-australia
"Codicil to Will — Last (Australia) (Australia)." Forms Legal, 2026, https://forms-legal.com/australia/estate-planning/wills/codicil-to-will-australia.
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author = {{Forms Legal}},
title = {Codicil to Will — Last (Australia) (Australia)},
year = {2026},
howpublished = {\url{https://forms-legal.com/australia/estate-planning/wills/codicil-to-will-australia}},
note = {Free legal document template. Based on Succession Act 2006 (NSW)}
}Frequently Asked Questions
A codicil is a legal document that amends, adds to, or partially revokes an existing Will without replacing it entirely. Under Australian succession legislation, a codicil must be executed with the same formalities as a Will — signed by the testator in the presence of two adult witnesses who are both present simultaneously and who also sign. A codicil is most appropriate for minor amendments such as changing an executor, updating a specific gift, adding a new beneficiary, or excluding a previously named beneficiary. For significant changes affecting the overall estate plan, making a new Will is generally preferable to avoid confusion. Under Australia law, Succession Act 2006 (NSW), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under state succession legislation — including the Succession Act 2006 (NSW), Wills Act 1997 (Vic), and Succession Act 1981 (Qld) — the Supreme Court of each state administers probate. The Trustee Act 1925 (NSW) and equivalent state Acts govern trustee obligations. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
Yes. Under the Succession Act 2006 (NSW) s6, Wills Act 1997 (Vic) s7, Succession Act 1981 (Qld) s10, and equivalent legislation in other states and territories, a codicil must satisfy the same execution requirements as a Will. This means: the testator must sign the codicil at the foot or end in the presence of two adult witnesses who are simultaneously present; and both witnesses must sign the codicil in the testator's presence. As with a Will, witnesses should not be beneficiaries under either the original Will or the codicil to avoid the risk of gifts being voided. Under Australia law, Succession Act 2006 (NSW), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under state succession legislation — including the Succession Act 2006 (NSW), Wills Act 1997 (Vic), and Succession Act 1981 (Qld) — the Supreme Court of each state administers probate. The Trustee Act 1925 (NSW) and equivalent state Acts govern trustee obligations. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
A codicil is appropriate for minor amendments — changing an executor or trustee, updating an address, adding a small specific gift, or correcting an error. A new Will is generally preferable when: making significant changes to the distribution of the estate; adding or removing multiple beneficiaries; when the original Will was made a long time ago and circumstances have changed substantially; when you have married or divorced since making the original Will (marriage revokes a Will in most Australian states); or when the original Will is damaged, lost, or unclear. A new Will should expressly revoke the previous Will and any codicils. Under Australia law, Succession Act 2006 (NSW), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under state succession legislation — including the Succession Act 2006 (NSW), Wills Act 1997 (Vic), and Succession Act 1981 (Qld) — the Supreme Court of each state administers probate. The Trustee Act 1925 (NSW) and equivalent state Acts govern trustee obligations. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
A Codicil to Will (Australia) does not legally require a lawyer in Australia, and individuals and businesses may draft and execute the document independently. The Succession Act 2006 (NSW) does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified Australia lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The Federal Court of Australia has jurisdiction over disputes arising from this type of document, and Australian Securities and Investments Commission (ASIC) may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
A Codicil to Will (Australia) does not legally require a lawyer in Australia, though legal advice is recommended for complex transactions. Under Australian law, individuals may draft and execute this type of document independently. The Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) provides consumer protections. However, the Australian Securities and Investments Commission (ASIC), Fair Work Commission (FWC), or state regulatory bodies may have specific requirements. For property transactions, state land registries and the Real Property Act require qualified conveyancers or solicitors. The Privacy Act 1988 (Cth) and Australian Privacy Principles impose obligations on parties handling personal data, and legal review confirms compliance. Where disputes arise, the Federal Court of Australia, state Supreme Courts, or relevant tribunals (NCAT, VCAT, QCAT) have jurisdiction. Forms-legal.com provides this template as a starting point — always review with a qualified Australian solicitor for significant transactions.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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