Should I use a codicil to update my Will in Queensland?

Using a codicil is generally strongly discouraged by Queensland solicitors. A codicil is a separate document, executed with the same formalities as a Will under the Succession Act 1981 (Qld), that amends or supplements an existing Will without revoking it entirely.

The practical problem is that codicils are easily separated from, or lost independently of, the original Will, which creates disputes about which document governs the estate. A codicil that cannot be located alongside the original Will may be presumed revoked.

The overwhelming preference of practitioners is to execute a brand new Will that expressly revokes all prior Wills and codicils, keeping the testamentary instructions in a single, clean document. Physical document alterations are a trap.

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