Certified True Copy of a Codicil: What a Notary Can Issue

A codicil is an amendment to a will. On its own it usually makes little sense — "I revoke clause 4 and substitute the following" means nothing to someone who has not read clause 4. So a certified copy of a codicil is almost never useful by itself. It needs the will beside it, and any earlier codicils too.

That leads to the single most important practical point on this page, and it is a physical one: do not unstaple the will and codicil to copy them. Marks left by removed staples or clips on an original will can raise questions when the will is later presented for probate, and explaining them can mean extra evidence and delay.

Why the codicil travels with the will

A will and its codicils are read together as the person's testamentary intentions. Anyone overseas asked to act on them — a foreign lawyer, bank, land registry or court — needs the complete set:

• the will
• every codicil, in date order
• anything the will or codicils refer to, if it forms part of them

A certified copy of the codicil alone invites the obvious question: amending what? Where a copy is needed, ask for the will and all codicils to be copied and certified together, with the certificate describing each document.

Leave the originals exactly as they are

Original wills and codicils are often stapled, clipped or bound. Leave them that way.

• Do not remove staples or clips to photocopy or scan. A notary can copy a bound document as it is; a page that will not lie flat can be copied with care.
• Do not attach anything to the original — no sticky notes, paper clips or new staples.
• Do not write on it, even in pencil.

If the will is later presented for probate, a registry may look closely at its physical condition. Unexplained marks of attachment can lead to requests for an affidavit explaining the document's history. The way to avoid that is simple: do not create them.

Who has the original

Original wills and codicils are frequently held not by the person who made them but by a solicitor, a trustee company, or a court or public registry that offers safe custody. A notary must sight the original, so:

• the custodian may bring it to the notary, allow the notary to attend, or provide it under their own arrangements
• the custodian will usually release it only to the will-maker, or after death to the executor, and may require identification and authority

If the custodian will not release the original at all, see the page on what to do when an original document cannot be released.

While the will-maker is alive

Certified copies are sometimes needed during the will-maker's lifetime, most often because they hold assets overseas and a foreign adviser wants to see the Australian will. The will-maker can bring the originals to a notary; the copies are certified and the originals go straight back into safe keeping.

The notary is certifying copies only. They are not confirming that the codicil was validly executed, that the will-maker had capacity, or that it is the latest version.

After death: the grant usually matters more

Once the will-maker has died, overseas bodies usually want the grant of probate (or its equivalent), with the will and codicils attached to it, issued by the Australian court. That tells them not only what the documents say but that a court has accepted them and appointed the executor.

Sealed or certified copies of the grant can usually be obtained from the court registry that issued it. Depending on the destination, these may be authenticated directly, or may need to pass through a notary first. A notarial copy of the codicil alone, after death, is rarely what the foreign body needs.

Some countries also require their own process — resealing an Australian grant, or a separate local grant — before assets there can be dealt with. That is a question for a lawyer in that country.

Overseas use

• Justice of the Peace: fine for Australian purposes. Not accepted overseas and cannot be apostilled.
• Hague Apostille Convention countries: DFAT issues an apostille on the notarial certificate, or on an eligible court document. Only DFAT issues apostilles.
• Non-member countries: DFAT authentication, then embassy or consulate legalisation.
• Translation: usually bound with the certified copy. Legal terms in wills translate poorly; a translator experienced in legal documents is worth asking for.

Frequently asked questions

Can I get a certified copy of my late parent's codicil if I am not the executor? A notary can certify a copy of an original that is produced to them. Getting the original from the custodian is the hurdle, and they may release it only to the executor.

The codicil was made overseas. It can still be copied and certified in Australia. Whether it is valid is a separate legal question.

We found a codicil after probate was granted. Speak to the lawyer handling the estate before doing anything else, including copying it. Do not alter or detach it.

Does the notary need to read the will? The notary checks the pages to ensure the copy is complete. They do not advise on its contents.