Valid Codicil Requirements

Trusts Discussion
1

A client has made a homemade first codicil. It has been executed in accordance with S9 WA 1837 although the wording of the codicil does not name themselves, declare it to be a first codicil, or make any mention of revoking previous wills or confirm all other aspects of their will.

They have effectively set out the codicil as follows: -

  1. Stated that two beneficiaries have passed away;
  2. To give two tax free gifts to charity; and
  3. The residuary estate to X absolutely, then the codicil has been witnessed accordingly.

What other requirements are there to constitute a valid codicil? It seems this codicil may in fact be a new Will, but which fails to appoint executors, and the residuary beneficiary could apply for grant of letters of administration. .

2

The doctrine of dependent relative revocation might apply to enable the 2 documents to be read together.

I suggest you consult Chancery counsel, whose opinion may be helpful in assisting the Probate Registry to understand what needs to be done for a grant to be issued before the end of the next [select your preferred!! time period].

Paul Saunders FCIB TEP

Independent Trust Consultant

Providing support and advice to fellow professionals