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First Codicil to the Last Will and Testament

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CODICIL
TO
LAST WILL AND TESTAMENT OF

I, of County, Tennessee, declare this as a Codicil to my Will dated . This Codicil amends or supplements my Will only as provided herein. Except as amended or supplemented, my Will shall remain in full force and effect.

[All Articles are examples only. Only type changes to be made to will or additions thereto]

ARTICLE I.

I devise and bequeath to my

ARTICLE II.

I revoke the prior devise and bequest of to my

ARTICLE III

I have another child named, and amend Article to add said child as an additional beneficiary of the trust specified therein.

ARTICLE V.

I amend my will to appoint or if the appointee fails to qualify or cease to act, I appoint as Trustee of the Trust provisions of this Will to serve in said capacity with all the powers during the administration of the Trust as are granted to Trustees under the laws of the State of Tennessee including the power to sell any of the real or personal property of the Trust for cash or on credit or to mortgage it or to lease it, all to be exercised without Court order.

ARTICLE VI.

In the event that my dies without having made just provision for the care and custody of our minor children, I appoint as Guardian(s) of said minor children.

Page One Signed by Maker/Testator:

ARTICLE VII.

I amend my will to appoint as executor/executrix/personal representative of my Will, or if the appointee fails to qualify or ceases to act, I appoint both to serve without bond, inventory, appraisal or accounting to any Court and to have all the powers during the administration of my estate as are granted to Trustees under the laws of the State of Tennessee or any other law including the power to sell any of my real or personal property at public auction or private sale, for cash or on credit, or to mortgage it or to lease it, all to be exercised without Court order.

I, , having signed this Codicil in the presence of and who attested it at my request on this the day of 20

MAKER/TESTATOR

The above and foregoing Codicil of was declared and attested by in our presence to be Codicil and was signed by the said request and in the presence of and in the presence of each other, we, the undersigned, witnessed and attested the due execution of the Codicil of on this the day of 20 and Further, that to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence and that we, as witnesses, are not interested or an heir of the estate of .

WITNESS

ADDRESS:

WITNESS

ADDRESS:

STATE OF TENNESSEE

COUNTY OF

PERSONALLY appeared before me, the undersigned authority in and for the county and state aforesaid, and who, being by me first duly sworn, makes oath to the following:

1. The undersigned were subscribing witnesses to that certain instrument of writing dated , 20, which is the true and original Last Will and Testament of the "Maker".

2. That the Maker signed, published and declared said instrument as his or her Last Will and Testament on the day of 20 the date of said instrument, in the presence of us as two (2) subscribing witnesses.

3. The Maker was then and there of sound and disposing mind, memory and understanding and was over eighteen (18) years of age.

4. The undersigned as competent adults, subscribed and attested said instrument as a witness to the signature, publication and declaration thereof by the Maker, at the special instance and request of the Maker, in his or her presence and in the presence of each of us as witnesses.

Witness

Print Name

Witness

Print Name

SWORN TO AND SUBSCRIBED before me, this the day of 20

NOTARY PUBLIC

MY COMMISSION EXPIRES:

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What the First Codicil to the Last Will and Testament Is

A First Codicil to the Last Will and Testament is a formal written amendment to an existing will that alters, adds, or revokes specific provisions while leaving the remainder of the original will intact. It must identify the original will, state the changes clearly, and be executed under the same formalities required for wills in the relevant jurisdiction.

Why a First Codicil Matters and When to Use One

A codicil provides a narrow, efficient way to amend a will without redrafting the entire document; it is useful for small changes such as beneficiary updates, asset reassignments, or appointment changes. Note: wills and codicils are generally excluded from ESIGN/UETA electronic-signature equivalence and typically require in-person execution and witnesses under state probate law.

Why a First Codicil Matters and When to Use One

Who Typically Prepares or Signs a First Codicil

Executors, testators, estate attorneys, and close family members commonly prepare or review a codicil to ensure it aligns with the testator's intent and state formalities.

  • Estate attorneys and notaries — prepare clear, probate-ready amendments and advise on witness/notary requirements.
  • Testators and grantors — use codicils for limited updates without recreating a full will.
  • Named executors or beneficiaries — review the change to confirm it matches the original estate plan and expectations.

Confirm state execution rules and consider whether a new will is safer when changes are extensive or could cause ambiguity.

Step-by-Step: Completing the First Codicil

Follow these sequential steps to prepare and execute a codicil that supplements your existing will while meeting formal execution requirements.

  • 01
    Draft: Reference the original will and state the exact amendment text.
  • 02
    Date: Add the effective date in MM/DD/YYYY format next to the signature.
  • 03
    Witness: Arrange the required number of witnesses per state law.
  • 04
    Notarize: If state or strategy requires, obtain a notary acknowledgement.

Core Elements Included in a Professional First Codicil

A properly structured codicil contains several essential sections that make it legally effective and easy to reference alongside the original will.

Title

A heading identifying the document as 'First Codicil to the Last Will and Testament' and naming the testator and original will date for clear linkage.

Preamble

A short statement confirming the testator's intent to amend the specified will and asserting that all other provisions remain in full force.

Specific Amendments

Clear, numbered clauses that state which paragraph, clause, or gift is changed, deleted, or added, with exact language to avoid ambiguity.

Execution Clause

A declaration that the document is executed as a codicil under applicable state law with space for signatures and dates.

Witness Block

Designated lines for the required number of attesting witnesses, including printed names, addresses, and date of signing.

Notary Section

Optional in some states but recommended: a notary acknowledgement or self-proving affidavit to simplify probate authentication.

Required Information and Key Data Fields

Testator Identity: Full legal name
Will Reference: Original will date
Effective Date: MM/DD/YYYY format
Amendment Details: Exact clause text
Witness Details: Names and addresses
Notary Data: Acknowledgement if used

Common Pitfalls to Avoid When Preparing a Codicil

  • Using vague language that conflicts with the original will can create ambiguity and increase the risk of probate litigation.
  • Failing to follow state witness or notarization formalities may render the codicil invalid and negate the intended change.
  • Mismatching the testator's name or not citing the original will's execution date can cause the probate court to question authenticity.
  • Attempting extensive changes via a codicil rather than drafting a new will may lead to contradictory provisions and unintended results.

Consequences of an Improper First Codicil

Invalid Amendment: Change may be void
Probate Delay: Court proceedings lengthened
Estate Disputes: Increased litigation risk
Tax Impacts: Unintended tax consequences
Costs: Higher attorney and court fees
Revocation Risk: Could unintentionally revoke provisions

How Execution and Submission of a Codicil Typically Works

This outlines the usual workflow from drafting to secure storage so the codicil is effective and discoverable during probate.

  • Drafting: Create precise amendment language.
  • Signatures: Testator and witnesses sign in person.
  • Notarization: Notary acknowledgement if advised.
  • Storage: Keep with original will and notify executor.

Setting Up a Digital Workflow for Drafting and Recordkeeping

Use a consistent workflow to draft, authenticate, and store the codicil so it is ready for probate when needed.

Field Configuration
Document Template Standardized codicil template
Authentication In-person witness + ID verification
Storage Format Preserve signed original; scan PDF/A
Retention Policy Store with will permanently

Digital Tools and File Requirements

Maintain an authoritative original (wet-signed) codicil and use digital copies only for convenience and backup.

  • File Types: PDF, DOCX acceptable
  • Integrations: Salesforce, NetSuite, Google Workspace
  • Security: AES-256 at rest

Timing Considerations and Practical Deadlines

Codicils have no statutory filing deadline; timely execution and clear dating are critical to establish the testator's intent and priority among testamentary documents.

Draft Completion:

Execute as soon as change decided

Witness Signing:

Sign in presence of witnesses immediately

Notary Acknowledgement:

Obtain same day if used

Attach to Will:

Store physically with original will

Probate Filing:

File will with codicil after testator's death

Key Milestones from Draft to Probate

A short milestone sequence clarifies the main stages to complete a legally effective codicil and ensure discoverability.

01

Draft Codicil

Prepare precise amendment text and reference original will.

02

Execute with Witnesses

Testator and required witnesses sign in presence of each other.

03

Notarize & Self-Prove

Optional notarization and self-proving affidavit to ease probate proof.

04

Store with Will

Keep original codicil with the signed will for safekeeping.

eSignature Pricing and Feature Comparison for Codicil Workflows

Comparison of common eSignature vendors and core criteria relevant to executing, storing, and auditing testamentary amendments; signNow is listed first per vendor convention.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day trial No No Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
Envelope Cap No envelope cap 100 envelopes/user/year Varies Varies Varies

Frequently Asked Questions about the First Codicil

Answers to common questions about validity, signing, witnesses, notarization, revocation, and interaction with the original will.


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