This review list is created to offer you with information about this document and to aid you in its preparation. This is a basic codicil form in which you may enter the amendments to your will that you want made. Unless the modifications are minor, cancelling your last will and testament and integrating your revisions into a new will and testament may be easier for your heirs in the long run. Codicils can be severed from the main will; this adds expenditure on several occasions to administer, in the scope of “one more item” to debate and for attorneys to bill on.
- Make many copies. Make sure three witnesses and a notary are present to attest to the
signatures. Keep a copy of your last will and testament with you at all times.
Codicil
Codicil
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 ________________:
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.
Dated: _________________
________________________________
____________, TESTATORI 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.
ATTESTATION CLAUSE
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.
Witness:
_______________________________________________________________
Address: ______________________________________________________
Witness:_______________________________________________________________
Address: ______________________________________________________
Witness:_______________________________________________________________
Address: ______________________________________________________
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.
______________________________________________________________
Notary
My Commission Expires: _________________________
Codicil
Review ListThis 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.
Frequently Asked Questions
What is a codicil?
A codicil is a legal document that adds an additional provision to an existing last will and testament. It reaffirms all parts and exhibits of the original will, except for the specific changes or additions made in the codicil. The codicil directs the executors of the estate to enact these requests as if they were part of the original will.
How do I write a codicil to my will?
To write a codicil, you typically use a template that includes a statement reaffirming your existing will, a section for the new provision, and a signature and witness attestation clause. The codicil should be dated and signed by you in the presence of witnesses, who also sign to confirm your signature. The document must clearly reference your original will and specify the additional provision.
Does a codicil need to be witnessed?
Yes, a codicil must be witnessed. The testator signs the codicil in the presence of witnesses, and those witnesses then sign the attestation clause, confirming that the testator declared the instrument as a codicil to their will and signed it in their presence. This process helps ensure the codicil's validity.
What is the difference between a codicil and a new will?
A codicil is used to make minor changes or additions to an existing will, while a new will completely replaces the previous one. A codicil reaffirms all parts of the original will except for the specific modifications it contains. If you need to make extensive changes, a new will might be more appropriate.
Can a codicil be handwritten?
The provided article does not specify whether a codicil can be handwritten. It presents a formal template with fields to be filled in, suggesting a typed or printed document. For legal validity, it is advisable to follow the same formalities as the original will, which may include handwriting in some jurisdictions, but the article does not address this.
What should be included in a codicil?
A codicil should include a statement reaffirming your last will and testament, a clear description of the additional provision you wish to add, and a direction that the executors enact these requests as if they were part of the will. It must also be dated, signed by you, and witnessed, with an attestation clause signed by the witnesses.
How many pages should a codicil be?
The number of pages in a codicil can vary depending on the complexity of the additional provision. The attestation clause in the article includes a blank for the number of pages, indicating that the instrument's page count should be specified. There is no fixed requirement; it depends on the content.
Who can witness a codicil?
The article does not specify who can witness a codicil, but it states that witnesses must be present when the testator signs and must sign the attestation clause at the testator's request. Typically, witnesses should be competent adults who are not beneficiaries under the will or codicil to avoid conflicts of interest, but this is not mentioned in the article.
What is an attestation clause in a codicil?
An attestation clause is a section in a codicil where witnesses confirm that the testator declared the instrument as a codicil to their last will and testament in their presence, and that the testator signed it in their presence. The witnesses then sign to attest to these facts. This clause helps validate the codicil's execution.
Can I change my will with a codicil?
Yes, a codicil is specifically designed to add an additional provision to your last will and testament. It allows you to make changes without rewriting the entire will, as long as you reaffirm the existing will except for the new provision. The codicil must be executed with the same formalities as a will, including signing and witnessing.






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