Wills Codicils Flashcards
What is a codicil?
An add-on to an existing will. It is used to supplement, amend or revoke a position in a will
What are the requirements for a valid codicil?
A codicil must comply with the same requirements of a will to be valid.
Valid codicil = testamentary capacity, knowledge and approval (of codicil and will and any previous codicils) and comply with s9 WA
When are codicils necessary?
To create new provisions, edit existing provisions, revoke provisions
How is a will read with a codicil?
The will and codicil(s) form one document. They are read together as one will and the estate is distributed in accordance with what they say as a document
What is the date of execution?
The date the codicil is executed is treated as the date the will was executed - the effective date of the will
What is the effect of a codicil on the will?
When a testator executes their codicil, it ‘republishes’ the will and any codicil to which it expressly refers.
The will is given effect to as if it had been executed on the date on which the codicil was executed
How should a codicil be expressly drafted?
It should expressly state the extent to which the testator confirms or revokes their earlier will
How is any ambiguity in the drafting of the codicil resolved?
If there are no express words of revocation, there is a presumption that the terms of the original will remain where possible.
How can a codicil correct any issues with s15 (beneficiaries witnessing the original will)?
If a beneficiary or their spouse witnesses a will, the beneficiary is denied their inheritance under s15. However, if a later codicil is witnesses by different people, the gift under the will to original beneficiaries can be given effect to - s15 is avoided
Can a codicil revoke a will?
A codicil may revoke only part of an earlier will or codicil, or the document in full
Codicil - contains a revocation clause to revoke
What happens if a codicil expressly revokes a previous will in full?
Unless the codicil contains new terms, the testator is effectively intestate
Can a codicil revive a will that was previously revoked?
Yes it can revive a revoked will but not if it has been destroyed
How can a codicil revoke a will?
A codicil usually only revokes part of a will, by express wording
The codicil only revokes an earlier will to the extent that there is inconsistency between them
Formalities for the codicil to take effect
The codicil must refer to the will it is intended to amend and it must be executed using the same formalities as for a will in order to be valid
