Codicils explained: How to legally update your will in New Zealand

A codicil might sound a bit like something you’d keep in your bathroom cupboard, but it’s really something you’d keep in your mental checklist cupboard. 

That’s because it has to do with keeping your will up to date. So about as exciting as cold and flu medicine, but far more important. 

What is a codicil and how does it work? 

Put simply, a codicil is any change to your will, such as an addition, exclusion, or amendment to part of your will.

Codicils essentially exist so you can make changes to your will without having to rewrite or redo the whole thing. It legally becomes part of your will, and is the most common way to make changes to a will. 

When to consider updating your will with a codicil 

When you first wrote a will, you probably sat down and spent a long time thinking about how you wanted your assets to be distributed, who would get what, and what would happen to you after you passed away. However, circumstances change, and you might not want to completely repeat that process from scratch. 

Therefore, you might make a codicil to a will when you: 

  • Change your relationship status
  • Purchase or sell property
  • Have a child (or even a fur child)
  • Make a large purchase (such as a car) 
  • Make a sentimental purchase (such as a piece of jewellery)
  • Haven’t looked at your will in the past five years
  • Need a new executor (perhaps your existing one passed away)

A codicil would allow you to factor in your new circumstances without starting over. 

How to create a codicil in New Zealand 

The process for creating a codicil in New Zealand is essentially identical to creating a will – just much shorter. 

That is to say, you will still need to have the codicil signed, dated, and witnessed in order for it to be legally binding. You should also store it with your original will, whether that’s lodged with a law firm or your executor. 

If you made your original will with a lawyer, it may be simplest to make the codicil with them as well to ensure it is legally binding. 

Key differences between a codicil and a new will 

Codicil or a new will? The main difference between a codicil and a new will is that a codicil only makes a change or two to the original will. A codicil does not replace the existing will, it merely makes an addition or edits it slightly. 

Codicils exist so you don’t have to start over with writing a new will every time your life circumstances change, because in many cases, you’ll probably want to leave everything else the same – just with minor changes. 

Think of writing a new will like redecorating your entire living room. But as your tastes evolve over time, you might swap out a lamp or repaint (AKA make a codicil), rather than throwing everything out and starting over every few years. 

Common mistakes to avoid when using a codicil 

There are a few key mistakes to avoid when adding a codicil to your will. 

The first is not signing and having it witnessed. If you fail to meet this step, the codicil may not be legally binding. In this case, the original will would be used.  

Another common mistake is creating inconsistencies between your will and codicil. If the codicil isn’t clear about what it amends in the will, it may cause confusion and costly delays for your beneficiaries.  

It’s also possible to make too many codicils. Rather than making endless amendments in the form of codicils, it may be beneficial to write a new, up-to-date will with everything included in one place to avoid potential conflicts or confusion. For instance, the Wills Act 2007 (NZ) and the recognition of codicils as supplementary documents both implicitly caution against overusing them because their incremental nature can easily introduce inconsistencies or ambiguity over time.

And of course, be sure to carefully file your codicil with a lawyer or somewhere it will not get lost. If your executor doesn’t know you made a codicil, they won’t be able to follow it. 

Example codicil template for NZ 

The following is an example of a Codicil and should not be relied upon as legal advice or as a substitute for professional guidance. It is recommended that you consult an appropriate professional before using the template below.

CODICIL TO MY LAST WILL

I, [YOUR NAME] of [YOUR ADDRESS], make this codicil to my Last Will dated [DATE OF LAST WILL].

Change to my Will
Clause [INSERT CLAUSE NUMBER] of my Last Will is changed so that the gift of [X] now goes to [Z, NEW BENEFICIARY AND ADDRESS] instead of [Y].

Confirmation of my Will
All other parts of my Last Will remain the same.

Signed by me on this [DAY] of [MONTH, YEAR] at [LOCATION] in the presence of the two witnesses below.

I declare that the witnesses:

Saw me sign this codicil, and I signed it willingly.

Are not beneficiaries of my Will and not the spouse or civil union partner of any beneficiary.

[YOUR NAME], Testator

Witnesses:

Name: _______________________
Address: _____________________
Signature: ___________________

Name: _______________________
Address: _____________________
Signature: ___________________

When drafting your codicil, it’s important to make sure it meets New Zealand’s legal requirements as set out in the Wills Act 2007.

How much does a codicil cost? 

In New Zealand, the cost of creating or updating a codicil varies depending on complexity and method.

Simple changes may be done yourself using templates or online tools, keeping costs minimal, but it’s essential to ensure the codicil is legally valid, with proper signing and witnessing.

For more complex amendments, consulting a lawyer is recommended, with fees that may be charged as an hourly rate or via fixed-fee services like Public Trust, which offers online will packages. Regardless of the approach, meeting legal requirements is crucial to ensure your codicil is valid and your wishes are accurately reflected.

Getting your final wishes sorted 

Making a will and keeping it up to date with a codicil is an excellent way to ensure your wishes are followed after you’re gone.

Setting up funeral insurance is another step you could consider, which can help to ensure that the costs of a final sendoff are taken care of, so your loved ones can plan your funeral in accordance with what you want – without worrying about the bill. Ensure peace of mind for your loved ones by considering OneChoice Funeral Insurance.

3 Oct 2025