Codicil in succession law of Australia

Due to the specific content of testamentary statements, every will should be regularly reviewed by the testator for compliance with their current wishes. In case of any inconsistencies, the most favorable solution from the perspective of protecting the testator’s inheritance rights is to amend the will. It is essential to emphasize that any alterations to individual provisions of the will should be preceded by a thorough analysis.

In today’s article, we will delve into the concept of a codicil in Australian inheritance law. Understanding this legal institution significantly facilitates testators in making changes to their wills. While using this method is not always sufficient for effectively altering a will, the current provisions of Australian inheritance law allow for making less complex changes to one’s last will in this way.

The concept of a codicil is not unique to Australian inheritance law. Similar legal solutions have been adopted, for instance, in the inheritance laws of the USA and Canada.

The concept of a codicil originates from Roman law, where it was associated with the informal disposition of assets in the event of death (mortis causa). Over time, this term has taken on a somewhat different meaning. Today, a codicil refers to a document prepared by a testator, based on which they update their will without the need to establish a new will in place of the original one.

Thus, a codicil provides a relatively accessible alternative for testators interested in updating their wills. However, testators must still comply with certain formal requirements, the fulfillment of which is necessary for the effective legal modification of the will.

For a codicil prepared by a testator to be legally relevant, it must meet the formal requirements stipulated in the provisions of Australian inheritance law. It should be established in a procedure analogous to the procedure for drafting a will. This notably involves requirements for drafting the codicil in the presence of the required number of witnesses and signing it by both the testator and the witnesses present during the procedure. Otherwise, the change to the will will not be effective, and the testator’s efforts will be in vain.

Importantly, the codicil should be kept in one place together with the will. From a practical standpoint, a testator updating their will through a codicil should inform the executor of the will about the changes made to the will during their lifetime. This not only facilitates the smooth conduct of the probate process but also allows for the most complete reconstruction of the deceased’s wishes after their passing.

Furthermore, it is worth noting that the provisions of Australian inheritance law allow for the possibility of establishing multiple independent codicils that will be concurrently valid. Undoubtedly, such a legal solution grants testators considerable freedom in making testamentary decisions.

It is impossible to provide a definitive answer to the question posed in this way. Whether a codicil will be sufficient for the effective legal modification of a will depends on the factual circumstances of a particular probate matter. A codicil is considered a document that allows for making only minor changes to the will.

However, in case there is a need for more complex modifications to the will, the drafting of a new testamentary statement is necessary. Nevertheless, a codicil will undoubtedly be appropriate in many different situations. For example, it will be applicable when there is a need to:

• appoint another beneficiary;
• revoke part of the will;
• change the executor of the will.

Inheriting in Australia requires a precise understanding of numerous Polish and foreign legal regulations. Furthermore, acquiring an inheritance in Australia poses challenges for heirs and legatees that are unrelated to the law in any way. These include language barriers and logistical problems. For these reasons, it is advisable to consider using the legal services of firms that offer comprehensive legal assistance to their clients.

Foreign inheritance law is one of the main areas of expertise of the Lawyer in Europe law firm. Therefore, our lawyers are more than willing to provide the necessary support to all clients interested in obtaining professional legal advice or other forms of assistance in matters related to inheritance abroad. Availing yourself of our firm’s services ensures safety and a way to save unnecessary stress. If needed, we warmly invite you to contact our lawyers for whom international inheritance law is a daily reality.