WHEREAS, on _____________, I, ____________, executed my last will and testament, and; WHEREAS, I made various instructions and bequests, and, WHEREAS, I desire to add an additional provision to the will; I NOW PUBLISH THIS CODICIL to my last will and testament of ________________:
Once you have completed a codicil to your existing will you should place the original with your original will and provide your executors with a copy. A copy codicil should be clearly marked copy and should remain unsigned as with your original will. 4+ Sample Codicil to Will A codicil is a document used after your death. It is similar but not necessarily the same to a will. You can create a Codicil to a Will to update your Will in the situations when you get married, divorced or have a child, etc.
I reaffirm all parts and exhibits of said will, except that, I: _________________________
I direct that the executors of my estate enact these requests as if they were part of my last will and testament.
I herewith affix my signature to this codicil on this the ____________ day of __________________, 20___ at ________________________________________, in the presence of the following witnesses, who witnessed and subscribed this codicil at my request, and in my presence.
On the date above written, ____________, well known to us declared to us, and in our presence, that this instrument, consisting of _____ pages, is a codicil to their last will and testament, and ____________, then signed this instrument in our presence, and at ____________’s request we now sign this codicil as witnesses in each other’s presence. Further that ____________ appeared to us to be of sound mind and lawful age, and under no undue influence.
Sample Of A Codicil To A Will
STATE OF _________________
COUNTY OF ________________
Before me, the undersigned authority authorized to take acknowledgments and administer oaths, personally appeared:
who after being having duly sworn or affirmed to tell the truth, stated:
1. That ____________ declared this instrument to be a codicil to their last will and testament to the witnesses.
2. That ____________ signed this instrument in their presence.
3. That the witnesses signed as witnesses in the presence of ____________ and each other.
4. That ____________ is well known to the witnesses, and the witnesses believe ____________ to be of lawful age, of sound mind and under no undue influence or constraint.
My Commission Expires: _________________________
This review list is provided to inform you about this document and assist you in its preparation. This is a standard codicil form in which you can enter the changes you wish made to your will. Unless very simple changes, you are advised that revoking your last will and testament and incorporating your changes into a new will and testament may be easier in the long run for your heirs. Codicils can be separated from the original will; add expense on many occasions to administrate, in the scope of “one more thing” to discuss and for attorneys to expend billable hours on.
1. Make multiple copies. Be sure to get three witnesses and a notary to vouch for the signatures. Keep a copy with your last will and testament in all places you have that placed.
A codicil allows an individual, known as a ‘testator’, to make amendments or modifications to their Last Will and Testament. This is common when the testator has decided to change the terms of their estate or if a beneficiary had died. It is required that all codicils be executed in accordance with State law or with a self-proving affidavit. This usually involves the testator signing with at least two (2) witnesses, which are not mentioned in the Will, and a notary public. Afterward, the codicil is attached and made part of the Will.
Signing Requirements – *Two (2) witnesses that are not mentioned in the Will (*Colorado and Louisiana require the witnesses to sign in front of a notary public).
Self-Proving Affidavit – Recommended (but not required) to be completed, signed, and attached to the Codicil. This affidavit requires the witnesses to state, under oath, that they viewed the testator sign the form. This must be completed in the presence of the witnesses, the testator, and a notary public.
Amending a Will is actually a lot easier than a lot of people expect and does not involve re-drafting an individual’s entire estate plan. The latest version of the Will is needed with the changes to be mentioned in the Codicil. Afterward, the testator will be required to sign in accordance with State law.
Step 1 – Find the Latest Version of the Will
The effective date from the Last Will along with referencing the sections needed to be changed is needed in order to complete the codicil. Therefore, the testator will need to find an original copy and is recommended that he or she give it a quick read-through to ensure there aren’t any other items that need changing.
Step 2 – Decide the Changes
With a codicil, anything can be amended in the Will. Examples include the personal representative, executor, beneficiaries, or any other part of the estate transfer.
Make a note of the Sections and language that needs to be changed. It’s required in the Codicil for the specific sections be referenced.
Step 3 – Write the Codicil
Download: Adobe PDF, Microsoft Word (.docx) or Open Document Text (.odt)
The form itself is basic and simple. The following will be required to include:
- Testator’s Name and Address;
- Will Creation Date; and
- Declaration (changes to the Will)
Free Copy Of A Codicil
Step 4 – Sign the Codicil
Codicil Sample To Download
Signing the Codicil requires gathering two (2) witnesses (witnesses cannot be listed in the Will) and have them watch the testator sign. Afterward, the witnesses will authorize.
Self-Proving Affidavit – If the testator wants to add an extra layer of security, he or she can elect to have this attached which makes the witnesses state under oath that they watched the testator execute the Codicil. In addition to the two (2) witnesses, a notary public is required to be present for the Self-Proving Affidavit to be valid.
Step 5 – Attach to the Will
The last step is to attach the Codicil to the Will and distribute the estate plan to family members or beneficiaries that were mentioned. As a safety precaution, it’s recommended to give a copy to the testator’s personal attorney for safe keeping.
At this point the amendment has been successfully made to the Will.