A codicil is a legal document, separate to your will, that contains minor additions or amendments to your will. Thus, in order to draft a codicil, you need to have an existing will.

The Wills Act [1] does not define a codicil, other than saying a will is defined as ‘including a codicil and any other testamentary writing’. Therefore, because a codicil is included in the definition of a will, the codicil needs to comply with the formality requirements of a will in order to be valid; further, the testator must have the intention that the codicil be a testamentary writing.[2]  Formalities include:

• the codicil is signed at the end thereof by the testator or by some other person in his presence and by his direction; and
•  such signature is made by the testator or by such other person or is acknowledged by the testator and, if made by such other person, also by such other person, in the presence of two or more competent witnesses present at the same time; and
•  such witnesses attest and sign the codicil in the presence of the testator and of each other and, if the will is signed by such other person, in the presence also of such other person; and
•  if the codicil consists of more than one page, each page other than the page on which it ends, is also so signed by the testator or by such other person and by such witnesses anywhere on the page; and
•  if the codicil is signed by the testator by the making of a mark or by some other person in the presence and by the direction of the testator, a magistrate, justice of the peace, commissioner of oaths or notary public certifies at the end thereof that he has satisfied himself as to the identity of the testator and that the will so signed is the will of the testator, and if the will consists of more than one page, each page other than the page on which it ends, is also signed, anywhere on the page, by the magistrate, justice of the peace, commissioner of oaths or notary public who so certifies. [3]

However, the witnesses to the codicil do not have to be the same people who witnessed the signing of the will.

When would you use a codicil?

A codicil should preferably be used for minor/small changes to the will. For example; changing guardians or executors, further, if a beneficiary is to be added or removed. But it is advised that the testator should not amend the will via a codicil with regard to main assets such as property.

Risks of a codicil

The biggest risk with the use of codicils is that it is a separate document to the will. If the codicil is not stored with the original will, it could be disregarded when the time for administration of the estate comes. This meaning that the additions or amendments that the testator affected in the codicil will not take effect.

Therefore, if you wish to make use of a codicil, ensure that you store the original codicil with the original will, and further inform your executor (in writing) of the existence of the said codicil.