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Codicil to Last Will and Testament

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Codicil to Last Will and Testament

Codicil Number to Last Will and Testament of (Name of Testator)

I, (Name of Testator), of (Name of County) County, (Name of State), declare this to be a Codicil to my Last Will and Testament dated (date). 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.

Article I

I revoke Article (number) of my Last Will and Testament.

Article II

In Article (number) of my Last Will and Testament I stated: I make the following gifts of money: To the (number of gifts) gifts made in the (number) subsequent paragraphs, I add a (number of new paragraph) paragraph making another gift as follows which should be numbered (number):

(Number). To (Name of Beneficiary), presently residing at , $ , if (he or she) survives me. If (he or she) does not so survive me, the gift shall lapse and become a part of the residue of my estate.

Article III

I confirm and republish my Will dated (date) in all respects other than those above-mentioned.

IN WITNESS WHEREOF, I have hereunto subscribed my name this the day of of , 20 .

(Printed Name of Testator)

(Signature of Testator)

This instrument was, on the day and year shown above, signed, published and declared by (Name of Testator), to be his Last Will and Testament in our presence, and we, at his request, have subscribed our names hereto as witnesses in his presence and in the presence of each other.

(Printed Name of Witness)

(Signature of Witness)

(Printed Name of Witness)

(Signature of Witness)

State of

County of

Affidavit of Subscribing Witnesses

This day personally came and appeared before me, the under-signed authority at law in and for said jurisdiction, and (Name of Witness), the two subscribing witnesses to that certain instrument of writing purporting to be a Codicil to the Last Will and Testament of (Name of Testator), a resident of , each of whom, having been first duly sworn, makes oath that the said (Name of Testator), signed, published and declared the original of said instrument as his Codicil to his Last Will and Testament on the (date), the day and date of said instrument, in the presence of said two affiants, both of whom were the subscribing witnesses to said instrument; that said Testator was then of sound and disposing mind and memory and above the age of twenty-one (21) years; and each of the said two subscribing witnesses subscribed and attested said instrument as witnesses to the signature and publication thereof, at the special instance and request, and in the presence of the said Testator and in the presence of each other.

(Printed Name of Witness)

(Signature of Witness)

(Address of Witness)

(Printed Name of Witness)

(Signature of Witness)

(Address of Witness)

SWORN to and subscribed before me, this the day of day of , 20 .

NOTARY PUBLIC

My Commission Expires:

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What a Codicil to a Last Will and Testament Is

A Codicil to Last Will and Testament is a written amendment that modifies, explains, or revokes provisions in an existing will without replacing the entire document. It must clearly reference the original will, express testator intent, and be executed according to state testamentary rules so the codicil and will read together at probate. Note that many electronic-signature laws exclude wills and codicils from automatic e-signature equivalence; check state rules before using electronic execution.

Why You Would Use a Codicil Instead of Rewriting a Will

A codicil lets you make narrow, targeted changes—such as swapping an executor or revising a specific bequest—without redrafting the entire will. It can save time and legal expense while preserving the original document's structure, but must be drafted and executed precisely to avoid ambiguity or contest.

Why You Would Use a Codicil Instead of Rewriting a Will

Who Typically Prepares or Signs a Codicil

Use a codicil only when changes are limited and clear; substantial revisions generally warrant a new will prepared with legal counsel.

  • Testators updating executor or beneficiary details
  • Attorneys preparing estate amendments for clients
  • Family members consolidating minor bequests

Step-by-Step Execution Checklist

Follow these steps in sequence to prepare and execute a valid codicil consistent with most U.S. jurisdictions.

  • 01
    Review the Will: Confirm the will date and existing provisions to be changed.
  • 02
    Draft Clear Language: State precise modifications and reference affected clauses.
  • 03
    Sign with Witnesses: Execute with required number of competent witnesses present.
  • 04
    Store & Inform: Deliver copies to your attorney and inform the executor.

How to Prepare and Configure an Online Codicil Workflow

Set up a digital workflow that captures required fields, signer authentication, and retention controls to support enforceability and reliable recordkeeping.

Field Configuration
Document Template Lock core will reference fields; allow amendment text editing.
Signers Testator plus required witnesses; add optional attorney signer.
Authentication Use email + SMS code or stronger KBA per state needs.
Retention Policy Archive final PDF with audit trail and notarization proof.

Where to Send the Completed Codicil

After execution, route the codicil to parties who need it and to secure storage to ensure it is available at probate.

  • Executor or Personal Representative: Provide a signed copy so the executor knows of the amendment.
  • Estate Attorney: Deliver original or certified copy for legal file retention.
  • Safe Deposit or Home Safe: Store originals in a secure, accessible location.
  • Probate Court (if filing): Submit upon opening probate if required by local practice.

Digital Signing and Platform Needs

Confirm platform compliance for sensitive documents and retain full audit records, including timestamps and signer IP addresses, to support later probate review.

  • File Formats: PDF and DOCX supported for edits and finalization
  • Authentication: Email + SMS or stronger KBA for signer verification
  • Integrations: Works with cloud storage and case management systems

Security and Compliance Considerations

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Audit Trail: Comprehensive timestamps, IP addresses, and action logs
Compliance: ESIGN and UETA alignment for electronic records
HIPAA Support: BAA available where required
21 CFR Part 11: Controls available for FDA-regulated records
Accessibility: WCAG 2.0 Level AA conformance options

Common Risks and Consequences of an Improper Codicil

Invalid Execution: Codicil may be void if formalities unmet
Ambiguity: Vague amendments invite contests
Missing Witnesses: Insufficient witnesses can invalidate the codicil
Name Mismatch: Different testator name undermines authenticity
Conflicting Documents: New will might supersede an improperly drafted codicil
Notarization Errors: Incorrect notarial acts weaken probative value

Common Preparation Mistakes to Avoid

  • Failing to reference the original will clearly, leaving uncertainty about which provisions change.
  • Using informal or ambiguous language that creates interpretive disputes during probate.
  • Omitting witness signatures or using ineligible witnesses such as interested beneficiaries.
  • Assuming electronic execution is valid for wills and codicils without confirming state acceptance.

Practical Tips for a Clear, Enforceable Codicil

Follow these practical measures to reduce risk and improve probate portability.

Be Specific
Identify the will by date and location, quote the clause being changed, and state the new text exactly to prevent confusion.
Keep It Narrow
Limit the codicil to a few discrete changes; broader revisions usually require a new will to avoid inconsistency.
Use Proper Witnesses
Use the number and type of witnesses required by your state and avoid beneficiaries as witnesses when possible.
Document Storage
Store the original with your attorney or in a secure location and provide copies to the executor and key family members.

Real-World Examples of When a Codicil Is Appropriate

Examples illustrate typical, limited changes suited to a codicil rather than a full will rewrite.

Executor Change

A testator appoints a new executor after a trustee move

  • The change names the replacement and revokes old appointment
  • The codicil is executed with two witnesses and attached to the original will for probate review.

Specific Bequest Update

A testator replaces a small monetary bequest with a different beneficiary

  • The codicil cancels the prior gift and states the new payment terms
  • The signed codicil and a copy of the will are given to the estate attorney and executor.

eSignature Pricing Options for Executing a Codicil (Vendor Overview)

Comparing basic plan pricing and common feature availability can help teams choose a platform that supports secure execution and required workflows.

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 7-day free trial Trial offerings vary Trial offerings vary Limited free tier Limited free tier
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently Asked Questions and Troubleshooting

Answers to common execution and validity questions for codicils, focusing on steps to avoid probate challenges and preserve testator intent.


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