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Sample Codicil for a Will

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Codicil to Will Revoking Bequest and Devise

Codicil to Last Will and Testament of

I, , of County, , declare this to be a Codicil to my Last Will and Testament 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.

By this codicil I revoke that part of Article of my Last Will and Testament in which I devised and bequeathed to , of , certain property. I declare that all of the devises and bequests contained in my Last Will and Testament to , are null and void, and shall take nothing under my Last Will and Testament.

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

This instrument was, on the day and year shown above, signed, published and declared by , 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.

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 , the two subscribing witnesses to that certain instrument of writing purporting to be a Codicil to the Last Will and Testament of , a resident of , each of whom, having been first duly sworn, makes oath that the said , signed, published and declared the original of said instrument as his Codicil to his Last Will and Testament on the , 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.

SWORN to and subscribed before me, this the day of

My Commission Expires:

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What a Sample Codicil for a Will Is

A Sample Codicil for a Will is a concise legal instrument used to amend, supplement, or revoke portions of an existing last will and testament without drafting a new will in full. It cites the original will by date, identifies the testator, and states the precise modification — for example changing a beneficiary, altering a bequest, or appointing a new executor. Because codicils affect testamentary intent, they must meet the same formal execution requirements as the original will under state law, including witness and notarization rules where required for probate.

Why a Sample Codicil Can Be Useful

A codicil lets a testator make targeted, limited changes to an existing will quickly and economically while preserving the original document and probate continuity.

Why a Sample Codicil Can Be Useful

Who Typically Uses a Codicil

Common users include individuals revising narrow terms, estate attorneys, and family members helping an elder update a will.

  • Individual testators updating a single bequest or beneficiary designation.
  • Estate attorneys preparing a formal amendment for probate readiness.
  • Family members or fiduciaries documenting a narrowly scoped change.

Use depends on the change's scope: small adjustments suit codicils; broad reorganizations usually require a new will.

Core Parts of a Professional Codicil

A well-structured codicil includes a clear reference to the original will, identification of parties, precise amendment language, execution blocks, and required witness/notary statements for probate.

Reference

Cite the original will by date and location to ensure the codicil amends the correct testamentary instrument without ambiguity.

Testator ID

Provide the full legal name and any aliases, plus address and a short statement confirming capacity and intent to modify the existing will.

Amendment Text

State exactly what is changed: revoke clause numbers, add specific bequests, or modify executor powers using clear, unambiguous language.

Execution Block

Include signature lines for the testator, signature dates, and any required initialing or page-numbering conventions to avoid confusion during probate.

Witness Statement

Supply a witness attestation that mirrors state requirements, including witness names, addresses, signatures, and the date of witnessing for later verification.

Notary Clause

Where applicable, add a notarial acknowledgment or jurat to create a self-proving document that reduces witness testimony needs in probate.

Step-by-Step: Executing a Codicil Properly

Follow these procedural steps to create an enforceable codicil that aligns with state formalities and probate expectations.

  • 01
    Draft: Prepare plain-language amendment tied to original will.
  • 02
    Review: Confirm consistency with existing testamentary provisions.
  • 03
    Witness: Obtain signatures from required witnesses in presence of testator.
  • 04
    Notarize: Get a notary acknowledgment or jurat where state law or self-proving affidavit is preferred.

Typical Workflow from Draft to Probate

A codicil moves from drafting to execution to custody; each step creates records used during probate or estate administration.

  • Create: Draft codicil and attach to original will.
  • Execute: Testator and witnesses sign on same day.
  • Record: Store with original will and notify executor.
  • Submit: File with probate court when initiating estate administration.

Configuring an Online Codicil Workflow

Set up fields, signer roles, and authentication so each execution step is auditable and meets legal standards for witness and notary requirements.

Field Configuration
Document Upload PDF or DOCX preferred; include original will attachment.
Signer Roles Testator, Witnesses, Notary — assign signing order.
Authentication Email link plus SMS or KBA for higher assurance.
Audit Trail Enable IP, timestamp, and certificate logging.

Technical and Platform Considerations

Choose tools that preserve document integrity, capture execution metadata, and support required formats and integrations.

  • File Formats: PDF, DOCX supported
  • Integrations: Google Workspace, Microsoft 365
  • Audit Trail: IP, timestamps available

Key Timing and Deadlines to Watch

Timing affects legal effect and probate logistics; follow these typical milestones when preparing or executing a codicil.

Effective Date Entry:

Enter date of execution as MM/DD/YYYY on the codicil.

Witness Signing Day:

All witness signatures should occur the same day as testator signature.

Notarization Timing:

Notarize on execution date if adding a self-proving affidavit.

Probate Filing:

File codicil with will when starting probate administration.

Recordkeeping:

Provide copies to executor and counsel promptly after execution.

Milestone Timeline for a Codicil

A clear sequential timeline helps avoid execution errors and preserves probate readiness.

01

Draft Completed

Finalize the amendment language and cross-reference the will.

02

Witness Execution

Obtain witness signatures in the presence of the testator.

03

Notary Acknowledgment

Have a notary complete the acknowledgment or jurat if used.

04

Secure Storage

Attach codicil to the original will and inform the executor.

Security and Compliance Essentials for Codicils

Encryption in Transit: TLS 1.2/1.3
Encryption at Rest: AES-256
Certifications: SOC 2 Type II, ISO 27001
HIPAA Support: BAA available
Electronic Standards: ESIGN and UETA compliant
Audit Trail: Immutable activity logs

Consequences and Legal Risks of an Incorrect Codicil

Invalidation Risk: Codicil may be declared invalid
Probate Delay: Administration process can be delayed
Contested Estate: Increased likelihood of beneficiary disputes
Tax Impact: Unintended tax consequences for heirs
Notarization Omission: Loss of self-proving advantage
Witness Challenge: Witness testimony may be required

Common Mistakes to Avoid When Preparing a Codicil

  • Failing to reference the original will clearly, which can create ambiguity about what is being amended and invite challenges in probate court.
  • Using imprecise language or vague terms for bequests; general phrases can be interpreted inconsistently and undermine testator intent.
  • Not obtaining the proper number of witnesses or notarization required by state law, which can render the codicil invalid during probate.
  • Attempting to e-sign or RON a codicil where state law or court practice treats wills as an exception to electronic execution.

Real-World Examples of Codicil Usage

These short examples illustrate practical, low-complexity uses of codicils and how practitioners reduce execution friction.

Optica Ventures Example

A founder updated a beneficiary on a single asset

  • Small, precise change to one clause
  • The firm attached the codicil to the original will and stored copies with counsel to avoid probate ambiguity, keeping the amendment limited to preserve other testamentary provisions.

Martin Properties Example

A property owner corrected an executor name

  • Quick administrative amendment for clarity
  • The owner executed the codicil with two witnesses and a notary, then provided records to the executor to ensure prompt administration when the estate opened.

eSignature Pricing and Feature Comparison for Executing Codicils

When choosing an eSignature provider for legal documents, compare starting price, trial options, bulk send capability, audit trails, HIPAA support, and envelope limits.

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 (plan-dependent) Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently Asked Questions About the Sample Codicil

Answers to common concerns about validity, witnesses, notarization, and electronic workflows for codicils.


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