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Codicil to Last Will and Testament

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CODICIL TO
LAST WILL AND TESTAMENT OF

I, of

County, Hawaii, 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 Hawaii 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 Hawaii 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 Codicil and was signed by the said in our presence to be 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:

Hawaii Self Proving Affidavit

I, , the testator/testatrix, sign my name to this instrument this day of , 20 and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my will and that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen years of age or older, of sound mind, and under no constraint or undue influence.

Testator/Testatrix

Typed Name:

We, the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the testator/testatrix signs and executes this instrument as the testator's/testatrix's will and that the testator/testatrix signs it willingly, and that each of us, in the presence and hearing of the testator/testatrix, hereby signs this will as witness to the testator's/testatrix signing, and that to the best of our knowledge the testator/testatrix is eighteen years of age or older, of sound mind, and under no constraint or undue influence.

Witness

Witness

The State of Hawaii

County of

Subscribed, sworn to and acknowledged before me by the testator/testatrix, and subscribed and sworn to before me by and witness, this day of , 20

(Seal)

(Signed)

(Official capacity of officer)

Enter text

What a Codicil to a 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 document. It must clearly identify the will being amended, state the changes in unambiguous language, and be executed with the same formalities required for wills under the applicable state law. A properly executed codicil becomes part of the will and is presented for probate alongside the original will when the testator dies.

Why a Codicil Might Be the Right Option

A codicil allows focused, limited changes to an existing will without redrafting the entire instrument, preserving prior provisions and reducing drafting time and legal complexity.

Why a Codicil Might Be the Right Option

Who Typically Prepares or Signs a Codicil

Individuals and practitioners use codicils to make narrow changes to testamentary documents while keeping the original will in force.

  • Individuals updating a beneficiary, executor, or bequest after a life event, such as marriage, divorce, or a new child; changes are limited and specific.
  • Estate attorneys and paralegals who draft or review codicils for formal compliance with state witness and notary rules before execution and probate.
  • Financial advisors or trustees who coordinate beneficiary terminology on the will with account designations or trust provisions to avoid conflicts.

When changes are substantial, practitioners commonly recommend executing a new will rather than multiple codicils to reduce ambiguity and litigation risk.

Step-by-step: Preparing and Executing a Codicil

Follow these key steps to create a clear, legally effective codicil that integrates with an existing will.

  • 01
    Locate Will: Identify the exact will by date and testator name to reference in the codicil.
  • 02
    Draft Amendment: State precise language that adds, modifies, or revokes specific will provisions.
  • 03
    Execute Properly: Sign with required witnesses and notarization per state law to ensure probate acceptance.
  • 04
    Attach & Store: Attach codicil to the original will and store both securely with executor notice.

Typical Workflow for Completing and Recording a Codicil

A codicil follows a clear sequence from drafting to secure storage; remote steps may be possible depending on state notarization rules.

  • Draft: Prepare amendment language referencing the original will and clearly stating changes.
  • Authenticate: Obtain required witness signatures and notarial acknowledgment per state statute.
  • Attach: Affix the codicil to the original will; do not replace the will unless drafting a new will.
  • Notify: Inform the executor or custodian where the original will and codicil are stored.

Configuring an Online Codicil Workflow

If you use an electronic platform, configure fields and authentications to mirror statutory execution requirements.

Field Configuration
Document Template Lock reference fields and amendment blocks to prevent accidental edits.
Signer Authentication Require strong identity methods for the testator and witnesses (email + SMS or knowledge-based checks).
Notary Integration Enable remote online notarization when state law permits and notary retains required recording.
Delivery & Storage Route final signed copy to custodian, executor, and secure digital archive.

Technical Considerations for eSubmission and eSigning

Use a platform that supports access logs, tamper-evident PDFs, and the authentication strength your jurisdiction requires.

  • File Formats: PDF/A or DOCX accepted for archival and signature embedding.
  • Integrations: Common integrations include Google Workspace, Microsoft 365, and NetSuite for document sourcing and storage.
  • Authentication: Support for SMS, email, and advanced signer authentication methods.

Confirm that your chosen workflow preserves an audit trail and produces a tamper-evident signed PDF suitable for probate review.

Timing Considerations and Probate-Related Deadlines

Codicils have no pre-death filing deadline; timing matters for priority among testamentary documents and for probate administration after the testator's death.

Execution Timing:

Execute promptly after drafting; later codicils can supersede earlier ones if properly executed.

Probate Filing:

File will and attached codicil with the probate court after death according to state probate timelines.

Contest Period:

Statutes of limitations for will contests vary by state; consult local probate rules for exact deadlines.

Notary/RON Records:

If notarized remotely, retain required audio-video and journal records per state RON rules.

Record Retention:

Keep originals and signed digital copies for the retention period recommended for estate records.

Key Milestones from Draft to Storage

Track milestones in sequence to ensure a legally enforceable amendment and efficient probate handling.

01

Draft Finalized

Complete clear amendment language that references the original will.

02

Execution Day

Sign with required witnesses and obtain notary acknowledgment as mandated by state law.

03

Attach to Will

Physically or digitally attach the codicil to the original will, keeping both together.

04

Inform Executor

Notify the named executor or custodian where the documents are stored.

Common Mistakes to Avoid When Preparing a Codicil

  • Referencing the wrong will or omitting the will date leads to ambiguity about which instrument the codicil amends and can trigger probate disputes or court clarification.
  • Using vague amendment language such as "all my property" without specificity can create conflicts with preexisting bequests and invite will contests.
  • Failing to follow state formalities for witness signatures or notarization risks invalidation of the codicil and may require re-execution or full will replacement.
  • Storing the codicil separately from the original will or failing to notify the executor can lead to the codicil being overlooked during probate administration.

Security and Compliance Elements to Verify

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest.
Audit Trail: Comprehensive timestamped action log for each signer.
HIPAA Support: Business Associate Agreement (BAA) available where needed.
21 CFR Part 11: Compliance options for FDA-regulated records.
SOC 2: SOC 2 Type II report available on request.
Accessibility: WCAG 2.0 Level AA conformance options.

Risks and Consequences of an Improper or Invalid Codicil

Invalidation Risk: Codicil may be rejected by probate court if formalities unmet.
Probate Delay: Improper execution can prolong probate and increase estate costs.
Will Conflict: Ambiguous amendments can create contradictory terms with the original will.
Litigation Costs: Contested codicils often result in significant attorney fees.
Tax Consequences: Unclear dispositions may trigger unintended estate or income tax effects.
Custody Issues: Lost or misfiled codicils may be excluded from probate review.

eSignature Pricing Snapshot for Codicil Workflows (Vendors Compared)

Platform pricing and feature availability affect the cost and compliance of electronic workflows for estate documents; signNow appears first in the comparison per table rules.

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 Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes (Business Premium) Varies Varies Varies Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA) Varies Varies Varies Varies
Envelope Cap No cap 100 envelopes/user/year limit Varies Varies Varies

Frequently Asked Questions about Codicils

Answers to common legal and procedural questions about drafting, signing, and storing codicils.


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