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Codicil to Last Will and Testament

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CODICIL TO LAST WILL AND TESTAMENT

I, of County, Oregon, 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 Oregon 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 Oregon 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

TESTATOR/TESTATRIX

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 OREGON

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 a Codicil to Last Will and Testament Is

A Codicil to Last Will and Testament is a formal, written amendment that modifies, explains, or revokes provisions in an existing last will and testament without replacing the entire will. A codicil must be executed with the same formalities required for the original will under state law—typically signed by the testator and witnessed—and when available, accompanied by a self-proving affidavit to streamline probate. Codicils are used to make targeted changes such as updating an executor, altering a bequest, or correcting clerical errors while preserving unaffected provisions of the original will.

Why Use a Codicil Instead of Redrafting

A Codicil to Last Will and Testament lets you make narrow, legally enforceable changes to an existing will without re-executing a new instrument. It preserves unaffected provisions, reduces drafting time and cost, and can minimize probate ambiguity when properly executed under state law.

Why Use a Codicil Instead of Redrafting

Who Commonly Prepares a Codicil

A codicil is used by testators and their legal representatives to make limited changes to an existing will without re-drafting the entire document.

  • Individuals updating small bequests or changing executors without creating a new will.
  • Attorneys preparing narrow corrections or clarifications to avoid probate disputes.
  • Estate planners who need to record temporary changes while drafting a comprehensive new will.

When changes are substantive, many practitioners advise drafting a new will to reduce ambiguity; use a codicil for targeted, limited amendments.

Core Components of a Proper Codicil

A professional codicil contains clear identifiers, precise amendment language, witness attestations, and notarial or self-proving elements where supported, helping probate courts determine intent and validity.

Document Title

Use the title 'Codicil to Last Will and Testament' and identify the original will by its date and the testator’s full legal name so the amendment clearly attaches to the intended instrument.

Preamble

State your name, domicile, capacity, and that you intend to amend the named will; reference the will's date and location for precise identification.

Amendment Clause

Describe the amendment with specific clause references or exact replacement text; avoid vague phrasing that might be interpreted as revoking unrelated sections.

Attestation Clause

Include witness attestation language consistent with state statutory forms so witnesses affirm they observed the testator's signing and capacity at the time.

Self-Proving Affidavit

When available, include a notarized self-proving affidavit signed by the testator and witnesses to expedite probate by avoiding live testimony.

Notary Block

Add a notary acknowledgement if state practice favors notarization; in states requiring notarization, this supports authentication and may create a self-proving record.

Step-by-Step: Execute a Valid Codicil

Follow these steps to prepare and execute a valid codicil that amends your existing last will and testament.

  • 01
    Prepare Draft: Draft clear amendment language referencing original will by date.
  • 02
    Identify Will: Reference the original will’s date and location where stored.
  • 03
    Execute Properly: Sign in presence of required number of witnesses under state law.
  • 04
    File and Store: Attach codicil to original will and keep copies with attorney.

Configuring an Electronic Workflow to Mirror Statutory Execution

When preparing a codicil electronically, configure fields, signer roles, and witness/notary steps to mirror the state-required execution flow.

Field Configuration
Upload Document Upload scanned will and draft codicil as single PDF.
Add Signature Fields Place signature, date, and witness fields in order.
Witness Flow Assign witness roles and require sequential signing as needed.
Notary / RON Include notary block or RON session step if state permits.

Execution Workflow Overview

This sequence describes preparing, signing, and making a codicil available for probate review and implementation.

  • Draft: Write precise amendment referencing original will.
  • Sign: Testator signs in the presence of required witnesses.
  • Notarize: Complete notarization or self-proving affidavit when applicable.
  • Store: Attach to original will and inform executor/attorney.

Technical Requirements for eSubmission and Recordkeeping

Ensure the signing platform supports proper field types, witness flows, and applicable integrations for estate administration workflows.

  • File Formats: Supports PDF, Word DOCX, and HTML
  • Integrations: Salesforce, NetSuite, Microsoft 365, Box, Google Workspace
  • Authentication: Email, SMS, KBA, and advanced signer authentication

Required Information Typically Included

Testator Name: Full legal name as on ID
Original Will Date: Exact date of original will
Amendment Text: Specific clause replacements or additions
Signature Block: Testator signature and date
Witness Details: Printed names, addresses, signatures
Notary/Affidavit: Notary block or self-proving affidavit

When to Use a Codicil vs. Draft a New Will

Compare the practical differences between using a codicil and executing a new will to choose the best approach for your estate change.

Criteria Codicil New Will
Best Use minor amendments substantial revisions
Execution Formalities same as will full re-execution
Probate Clarity may cause ambiguity clear revocation
Risk of Misinterpretation higher lower

Timelines and Processing Expectations

Codicils have no statutory filing deadline but timing affects probate administration and potential creditor notice periods.

Execution Date:

Date the codicil is signed and witnessed.

Self-Proving Affidavit:

May shorten probate; attach at execution time.

Probate Filing:

File original will with codicil only when opening probate.

Creditor Claims Period:

State-specific; often months after probate notice.

Updating Beneficiary Info:

Allow time for beneficiary records and tax notifications.

Key Milestones from Draft to Probate

Key milestones from drafting through probate illustrate processing stages and responsible parties for a codicil.

01

Drafting Complete

Finalize amendment language and reference original will.

02

Execution

Sign before witnesses and complete notarization if required.

03

Storage & Notice

Attach to original will and inform executor/attorney.

04

Probate Submission

Submit when initiating probate to establish validity.

Key Risks If the Codicil Is Defective

Invalid Execution: May render amendment void
Witness Errors: Missing or improper witnesses
Ambiguous Language: Leads to probate disputes
Unintended Revocation: Could revoke unrelated provisions
Electronic Execution Risk: Often excluded by statute
Tax/Beneficiary Impact: Alters estate distribution timing

Common Mistakes to Avoid

  • Failing to reference the original will clearly, creating ambiguity whether the codicil applies to the intended instrument and which provisions are affected.
  • Using vague language such as 'I revoke all prior inconsistent provisions' without specifying clauses, which can unintentionally revoke more than intended.
  • Not following witness or notarization formalities required by state law, causing the codicil to be challenged or rejected at probate.
  • Storing the codicil separately from the original will, so the probate court or executor cannot locate both documents when needed.

Practical Tips for a Clear, Enforceable Codicil

Follow these best practices to reduce ambiguity and ensure a codicil withstands probate review and execution.

Use clear references to original will
Cite the original will by date, attorney file number, and storage location; describe exactly which paragraphs or bequests are changed to avoid conflicting interpretations during probate.
Limit the scope of changes to the will
Restrict codicil amendments to narrow items—executor, beneficiary name corrections, or specific bequests—to avoid accidental revocation or triggering challenges; for broad revisions, draft a new will that expressly revokes prior instruments.
Use your state's statutory attestation language
Many states provide model attestation clauses; using the prescribed witness wording and notarial forms reduces challenges and speeds probate; consult state statutes or sample statutory forms for the precise language.
Store originals securely and notify executor
Keep the original signed codicil attached to the original will in a secure location such as an attorney's file or safety deposit box; provide the executor and attorney with location details to ensure timely discovery.

Who Typically Signs or Prepares a Codicil

Estate Attorney

An estate attorney drafts codicils, ensures the amendment language conforms to statutory attestation requirements, advises on notarization or self-proving affidavits, and counsels whether a codicil or a new will best meets the client's objectives and reduces probate risk.

Individual Testator

A testator preparing a codicil makes precise, limited changes to an existing will when adding or correcting a bequest, updating an executor, or fixing clerical errors; the testator must sign and follow witness requirements under state law to validate the codicil.

Real-World Examples of Electronic Document Workflows

Organizations digitize legal documents and streamline execution workflows; the examples below illustrate broader e-signature use in legal and operational contexts.

Optica Ventures — Brian Fitzgibbons

Optica’s legal team needed simpler external signing for standard documents and amendments

  • Improved turnaround for customer-facing forms and internal approvals
  • "The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers." — Brian Fitzgibbons, COO, Optica Ventures LLC.

Tech Data — Bob Dutkowsky

Tech Data sought reliable, compliant signing across distributed teams

  • Centralized signing with consistent audit trails reduced process steps
  • "Tech Data uses airSlate SignNow to improve our internal and external customer service while increasing our speed to revenue." — Bob Dutkowsky, CEO, Tech Data.

Pricing and Feature Overview for Codicil Execution Platforms

eSignature platform pricing and feature availability vary; the table below compares common criteria relevant to executing codicils and similar estate documents.

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 without credit card Free-trial availability varies by plan and region Free-trial availability varies by plan and region Free-trial availability varies by plan and region Free-trial availability varies by plan and region
Bulk Send Yes, available on specific paid plans Yes, available on specific paid plans Yes, available on specific paid plans Yes, available on specific paid plans Not available on standard plans
Audit Trail Yes, audit trail and certificates included Yes, audit trail included Yes, audit trail included Yes, audit trail included Yes, audit trail included
HIPAA Compliant Yes, BAA available upon request Yes, BAA available upon request Yes, BAA available on eligible plans Not HIPAA certified Not HIPAA certified
Envelope Cap No envelope cap; unlimited users allowed Limited to 100 envelopes per user per year Varies by plan and vendor Varies by plan and vendor Varies by plan and vendor

Frequently Asked Questions About Codicils

Common questions about executing, validating, and storing codicils to a last will and testament are answered below, focusing on formalities, witnesses, electronic options, revocation, and probate considerations.


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