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Codicil Will Form

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Codicil to Last Will and Testament

CODICIL TO LAST WILL AND TESTAMENT OF

I, , of County, Indiana, 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 Indiana 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 Indiana 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 in our presence and at 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:

UNDER PENALTIES FOR PERJURY, we, the undersigned testator/testatrix and the undersigned witnesses, respectively, whose names are signed to the attached or foregoing instrument declare:

(1) that the testator/testatrix executed the instrument as the testator's/testatrix’s will;

(2) that, in the presence of both witnesses, the testator/testatrix signed or acknowledged the signature already made;

(3) that the testator/testatrix executed the will as a free and voluntary act for the purposes expressed in it;

(4) that each of the witnesses, in the presence of the testator/testatrix and of each other, signed the will as a witness;

(5) that the testator/testatrix was of sound mind when the will was executed; and

(6) that to the best knowledge of each of the witnesses the testator/testatrix was, at the time the will was executed, eighteen (18) or more years of age or was a member of the armed forces or of the merchant marine of the United States or its allies.

Testator/Testatrix

Date

Witness

Witness

State of Indiana

County of

Before me, , personally appeared , testator, and and , of , who acknowledged execution of the foregoing and who, having been duly sworn, stated that the representations therein contained are true.

___________________________________

Notary Public, State of Indiana, County of

Printed Name:

My Commission Expires:

Enter text✕

What a Codicil Will Form Is and When it’s Used

A Codicil Will Form is a legal document that amends, explains, or revokes provisions of an existing last will and testament without replacing the original will. It must identify the original will (typically by date), state the specific changes, and be executed with the same formalities required for wills in the testator’s jurisdiction to avoid confusion at probate. Codicils are useful for limited updates — such as beneficiary changes, personal property bequests, or executor substitutions — while preserving the remainder of the original will intact.

Why Use a Codicil Instead of Rewriting a Will

A codicil allows targeted amendments without redrafting the entire will, saving time and preserving prior dispositions. However, because wills and codicils often remain subject to strict formalities, improperly executed codicils can be contested or treated as invalid under state probate law and ESIGN exceptions.

Why Use a Codicil Instead of Rewriting a Will

Who Typically Prepares or Signs a Codicil

The following profiles commonly prepare, review, or sign codicils when an individual needs a limited change to their estate plan.

  • Individuals updating beneficiaries or personal bequests without rewriting the entire will.
  • Estate planning attorneys preparing narrowly tailored amendments for clients.
  • Executors and fiduciaries reviewing changes to ensure consistency with estate administration.

Use the appropriate professional support for drafting or witnessing where statutes require specific formalities, notarization, or self-proving affidavits.

Step-by-Step: Executing a Valid Codicil

Follow these steps to create an enforceable amendment to an existing will.

  • 01
    Review Original Will: Confirm the will’s date, provisions to be changed, and any clauses addressing amendments.
  • 02
    Draft Clear Language: State the change explicitly and reference affected paragraphs or clauses in the original will.
  • 03
    Sign With Formalities: Execute with the same witness and notarization requirements that apply to wills in your state.
  • 04
    Store With Original: Place the codicil with the original will and notify your attorney or executor of its existence.

Essential Parts of a Professional Codicil Will Form

A well-structured codicil contains several core elements that identify the original will and make the amendment legally effective.

Title and Identification

A header identifying the document as a codicil and a reference to the original will’s date and location to prevent ambiguity about which will is amended.

Recitals

A brief opening statement confirming the testator’s capacity and intent to amend the original will rather than revoke it entirely.

Amendment Clause

Clear, specific wording that adds, deletes, or revises numbered clauses or bequests in the original will to avoid conflicting interpretations.

Attestation Clause

A statement by witnesses affirming that they observed the testator sign the codicil and that the testator appeared of sound mind.

Notary or Self-Proving Affidavit

Where allowed or required, a notary acknowledgement or self-proving affidavit completed at execution reduces later probate witness testimony.

Integration and Preservation

Language directing that the codicil be read and stored with the original will and that the will remains otherwise unchanged.

Key Data Elements Included on the Form

Testator Identity: Full legal name
Will Reference: Original will date
Amendment Text: Exact clause language
Execution Date: MM/DD/YYYY
Witness Details: Names and addresses
Notarial Block: Notary if required

Where to Keep or Submit a Codicil

A codicil is normally stored with the original will and presented to the probate court only after the testator’s death; it is not usually filed in advance.

  • Attorney File: Keep a copy with the drafting attorney.
  • Personal Copy: Retain an original with the testator or trusted agent.
  • Safe Deposit: Store securely; note access arrangements for executors.
  • Probate Court: Submit together with the will at probate after death.

Digital Signing, eSubmission, and Platform Considerations

Electronic workflows can speed document exchange, but wills and codicils face special legal limits that affect eSignature use.

  • File Formats: PDF or DOCX recommended
  • Authentication: Strong ID often required
  • Notarization: RON limits apply in many states

Because ESIGN and UETA exclude wills from electronic equivalence in many contexts, confirm your state’s stance on electronic execution and RON before relying on online signing for codicils.

Timing and Deadlines to Keep in Mind

Codicils have no standard filing deadline; timing matters mainly for capacity, delivery, and probate preparation.

Execution Date:

Date the codicil is signed and witnessed.

Delivery to Attorney:

Provide copies promptly to counsel and executor.

Storage:

Place with the original will for retrieval at probate.

No Pre-Filing:

Codicils are typically not filed until probate.

Probate Submission:

Submit both will and codicil together after death.

Common Mistakes to Avoid When Preparing a Codicil

  • Vague amendments that contradict other will provisions, creating ambiguity for probate courts.
  • Failing to reference the original will’s date, which can raise questions about which instrument governs.
  • Using electronic signatures where state law or ESIGN exceptions require wet signatures or notarization.
  • Not storing the codicil with the original will, leading to lost or overlooked amendments at probate.

Risks and Consequences of an Improper Codicil

Invalidation: Codicil may be set aside
Probate Delay: Will administration may stall
Estate Litigation: Increased contest risk
Tax Impact: Unintended tax consequences
Executor Burden: Extra administrative work
Loss of Intent: Original wishes may be obscured

eSignature Vendor Comparison for Signing a Codicil (signNow First)

Comparing common eSignature providers for document execution; verify platform compliance with state rules on wills and codicils before relying on electronic 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 Yes Yes Yes Yes
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions About the Codicil Will Form

Answers to common concerns about validity, signing, witnessing, and storage when using a codicil to amend a will.


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