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Virginia Codicil to Last Will and Testament

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CODICIL TO LAST WILL AND TESTAMENT

of

I, , of County, Virginia, 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 Virginia 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 Virginia 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 , .

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 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 , , 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:

Virginia Self Proving Affidavit

COMMONWEALTH OF VIRGINIA

COUNTY/CITY OF

Before me, the undersigned authority, on this day personally appeared , , and , known to me to be the testator/testatrix and the witnesses, respectively, whose names are signed to the attached or foregoing instrument and, all of these persons being by me first duly sworn, , the testator/testatrix, declared to me and to the witnesses in my presence that said instrument is his/her last will and testament and that he/she had willingly signed same, and executed it in the presence of said witnesses as his free and voluntary act for the purposes therein expressed; that said witnesses stated before me that the foregoing will was executed and acknowledged by the testator/testatrix as his/her last will and testament in the presence of said witnesses, who, in his or her presence and at his or her request, and in the presence of each other, did subscribe their names thereto as attesting witnesses on the day of the date of said will, and that the testator/testatrix, at the time of the execution of said will, was over the age of eighteen years and of sound and disposing mind and memory.

Testator/Testatrix

Typed Name of Testator/Testatrix

Witness

Witness

COMMONWEALTH OF VIRGINIA

COUNTY OF

Subscribed, sworn to, and acknowledged before me by , the Testator/Testatrix, and subscribed and sworn to before me by and , witnesses, this day of , .

Official capacity of officer

Print Name and Address of Witnesses:

ADDRESS:

ADDRESS:

Enter text✕
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What the Virginia Codicil to Last Will and Testament Is

The Virginia Codicil to Last Will and Testament is a concise legal instrument used to amend, add to, or revoke specific provisions of an existing Virginia last will and testament without executing a whole new will. It must identify the original will, describe precise changes, and be executed with the formalities necessary for testamentary documents. When properly signed and witnessed — and when a self-proving affidavit is attached — a codicil is treated by probate courts as part of the deceased's testamentary estate and is used to carry out the testator's revised intent.

Why Use a Virginia Codicil to Last Will and Testament

A codicil provides a focused, efficient method to update an existing will in Virginia for limited changes — such as beneficiary adjustments, executor substitutions, or clerical corrections — without redrafting the entire testament.

Why Use a Virginia Codicil to Last Will and Testament

Who commonly prepares or signs a Virginia Codicil

Individuals, family members, and estate attorneys commonly use a codicil when narrow revisions to a Virginia will are needed instead of a full reexecution.

  • Testators who need to add, remove, or correct beneficiary designations without executing a new will
  • Executors clarifying administrative instructions or correcting executor names and contact information
  • Attorneys making narrow revisions for clients, such as updating guardians or fixing scrivener errors

Use a codicil only for limited, clear changes; more extensive revisions typically warrant a new will to reduce ambiguity and litigation risk.

Core elements to include in a Virginia Codicil to Last Will and Testament

A professional codicil to a Virginia will should identify the original will, specify precise amendments, state the effective date, include signature blocks, provide witness information, and offer a notarization or self-proving affidavit section.

Will reference

Cite the original will by date and location, stating expressly that this codicil amends that will; avoid ambiguity that could lead to conflicts during probate or interpretation by the circuit court.

Amendment text

Use precise, standalone language describing each change — add, revoke, or modify clauses — and reference affected will sections to reduce the risk of inconsistent terms or duplicate provisions at probate.

Effective date

State whether the codicil is effective immediately upon signing or on a later date; an explicit effective date clarifies timing for testamentary changes and can affect creditor or tax considerations.

Signatures

Provide spaces for the testator signature and date plus witness signatures; include a line for a notary or self-proving affidavit to smooth probate verification and reduce the need for witness testimony.

Revocation clause

If appropriate, include language clarifying which provisions of the original will remain operative and whether the codicil revokes or supersedes specific clauses to avoid unintended contradictions.

Recordkeeping

Note where the original will and codicil copies will be stored, and advise recording a self-proving affidavit with the will so probate courts can accept documents without live witness testimony.

Required information and essential fields

Testator name: Full legal name required
Will reference: Original will date and county
Amendment details: Clear, itemized description of changes
Signatures: Testator and two witnesses
Notary: Notary or self-proving affidavit
Effective date: Specify effective date MM/DD/YYYY

Step-by-step: executing a Virginia codicil

Follow these steps to amend an existing Virginia will using a codicil while ensuring proper execution, witnessing, and recordkeeping for probate acceptance.

  • 01
    Identify the will: Reference original will date and location.
  • 02
    Draft amendments: Describe changes plainly and separately.
  • 03
    Sign and date: Testator signs in presence of witnesses.
  • 04
    Notarize/affidavit: Add notary block or self-proving affidavit.

Configure an online signing workflow

Prepare an online workflow to collect signatures, set authentication, and store executed codicils securely in compliance with ESIGN and UETA.

Field Configuration
Document format PDF/A or DOCX; preserve pagination
Signer authentication Email link, SMS code, or KBA
Witnessing In-person or remote notarization workflow
Storage Encrypted repository with audit trail

How digital signing works for a codicil

Digital execution streamlines codicil signing and preserves an evidentiary audit trail acceptable under ESIGN and Virginia law when formalities are met.

  • Upload: Sender uploads the codicil file
  • Place fields: Add signature, date, and witness fields
  • Authenticate signer: Choose email, SMS, or KBA
  • Complete: Signatures captured with audit log

Key timelines and critical dates

Key timelines for a Virginia codicil focus on signing dates, storage, and probate deadlines; timely execution reduces disputes and supports swift estate administration.

Signing date importance:

Effective date clarifies when changes apply

Witness availability:

Keep witnesses reachable during probate

Notarization timing:

Notarize when required to create self-proving affidavit

Record filing:

File original with will or keep in safe custody

Review with counsel:

Consider attorney review for complex estate changes

Common preparation pitfalls to avoid

  • Failing to reference the original will precisely can create ambiguity that forces the probate court to determine intent, potentially prolonging administration and increasing costs.
  • Omitting required witnesses or improper witness selection (interested parties) may invalidate the codicil or require additional proof at probate, risking partial or full rejection.
  • Using vague amendment language or failing to quote the original clause can produce conflicting terms between the will and codicil, increasing litigation risk among beneficiaries.
  • Not updating related beneficiary designations or payable-on-death accounts alongside a codicil can leave assets inconsistent with testamentary changes and lead to unintended distributions.

Consequences of incorrect or defective codicils

Invalid codicil: May be declared void
Probate delay: Court may require witness testimony
Beneficiary disputes: Increased litigation risk
Tax implications: Estate tax timing affected
Creditor claims: Changes may trigger creditor rights
Notarial defects: Improper notarization reduces validity

Technical requirements for digital completion and storage

Prepare digital workflows for secure signing, identity verification, and long-term storage compliant with ESIGN and UETA.

  • File formats: PDF and Word (DOCX) supported
  • Integrations: Salesforce, NetSuite, Google Workspace
  • Authentication: Email, SMS, or advanced options

Pricing and compliance snapshot for eSignature platforms used with a codicil

Compare signNow and other leading eSignature providers on starting price, trial availability, bulk send, audit trail, and HIPAA compliance to inform platform selection for executing a codicil.

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, no credit card required Varies by vendor Varies by vendor Varies by vendor Varies by vendor
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 Virginia codicils

Answers to common questions about drafting, executing, and validating a Virginia Codicil to Last Will and Testament, including electronic options and probate implications.


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