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CODICIL TO LAST WILL OF AND TESTAMENT OF ________________________

I, ________________________ (the 'Testator') of ______________________, Virginia, declare this to be my codicil (my 'Codicil') to my last will and testament being dated the 19th day of October, 2018 (my 'Last Will').

  1. Clause __________ of my Last Will will be modified as follows:

    The beneficiary of __________ will be changed from "________________________" to "________________________ of __________, Virginia".

  2. I hereby confirm and republish my Last Will dated the 19th day of October, 2018 in all respects other than those mentioned here.

IN WITNESS WHEREOF, I have signed my name on this the 19th day of October, 2018, at __________, Virginia, declaring and publishing this instrument as my Codicil to Last Will, in the presence of the undersigned witnesses, who witnessed and subscribed this Codicil to Last Will at my request, and in my presence.


_____________________________
________________________ (Testator)

SIGNED AND DECLARED by ________________________ on the 19th day of October, 2018 to be his Codicil to Last Will, in our presence, at __________, Virginia, who at his request, in his presence and in the presence of each other, all being present at the same time, have signed our names as witnesses.

__________________________
Witness #1 Signature
__________________________
Witness #1 Name (Please Print)
__________________________
Witness #1 Street Address
__________________________
Witness #1 City/State

__________________________
Witness #2 Signature
__________________________
Witness #2 Name (Please Print)
__________________________
Witness #2 Street Address
__________________________
Witness #2 City/State

__________________________
Witness #3 Signature
__________________________
Witness #3 Name (Please Print)
__________________________
Witness #3 Street Address
__________________________
Witness #3 City/State


AFFIDAVIT

STATE OF VIRGINIA

COUNTY/CITY OF _____________________________

Before me, the undersigned authority, on this day personally appeared ________________________, ____________________, ____________________ and ____________________, known to me to be the Testator 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, declared to me and to the witnesses in my presence that the instrument is the Codicil to Last Will of the Testator and that he had willingly signed or directed another to sign the same for him, 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 Codicil to Last Will was executed and acknowledged by the Testator as his Codicil to Last Will in the presence of said witnesses who, in his presence and at his request, and in the presence of each other, did subscribe their names thereto as attesting witnesses on the day of the date of said Codicil to Last Will, and that the Testator, at the time of the execution of said Codicil to Last Will, was over the age of eighteen years and of sound and disposing mind and memory.


_____________________________
Testator


____________________________
Witness #1


____________________________
Witness #2


____________________________
Witness #3

Subscribed, sworn and acknowledged before me by ________________________, the Testator, and subscribed and sworn before me by ____________________, ____________________ and ____________________, witnesses, this _____ day of ____________________, A.D. 20_______.


SIGNED _____________________________

______________________________________
(OFFICIAL CAPACITY OF OFFICER)

Codicil

What is a Codicil?

A Codicil is a document that acts as an addendum to a Last Will and Testament, meaning it can make changes to an existing Will (with additions, substitutions, and/or deletions).

Who can change a Will?

Only the creator of a Last Will (the testator or principal) can make changes to their Last Will and Testament. This means that even if someone has Power of Attorney, they cannot create a Codicil to make changes to the principal's Will.

What changes can I make to my Will?

Some common things people change in their Last Wills using Codicils include:

  • Beneficiaries of their estate, assets, and/or gifts
  • Guardians for their children
  • Executor of their Will

You can make virtually any changes that you want to your Will within reason, including adding assets or gifts that you may have forgotten in the original or new ones you acquired after creating the original. For example, if you win the lottery or come into an inheritance from a deceased relative.

It's usually best practice to create an entirely new Will if you find yourself wanting to make extensive changes. For example, if you get married, divorced, or have kids, it's probably a good idea to create a new Last Will to reflect the major life change.

How do I write a Codicil to a Will?

To write a Codicil you need to clearly state your name, residence, and the date you signed your original Last Will. Then you list your amendments and the clauses they modify.

If you're adding clauses, specify where in the Will you'd want them to appear, e.g. "My Last Will is to be modified by adding the following clause after clause 12", and then write out the clause with clear, plain language.

Do codicils have to be notarized?

The requirements can differ from state to state, but typically Codicils do not have to be notarized. They do, however, have to be signed by witnesses who are not listed as beneficiaries in the Last Will. The number of witnesses can differ between states as well, but usually the number is no less than two.

Some states allow a self-proving Affidavit to be attached to your Codicil, which is signed by you and up to three witnesses under oath before a notary public. The self-proving Affidavit allows you to waive the requirement for one or all of your witnesses to show up in court to acknowledge the proper execution of your Codicil.

You can sign the self-proving Affidavit at the same time as your Codicil or at a later date if you wish, and it should be noted that whether or not you use the Affidavit does not affect the validity of your Codicil.

Related Documents:

  • Gift Deed: a document that you can use to give away sentimental items or money to other people without compensation
  • Last Will and Testament: a document used to specify how you want your assets and property distributed after you pass away
  • Living Will: a form that allows you to specify your health care preferences when and if you become incapacitated and cannot make those decisions for yourself or allows you to appoint someone to make those decisions for you
  • Power of Attorney: an estate planning document you use to appoint someone to make financial, real estate, and/or business decisions in your stead should you become incapacitated or are unable to make those decisions for yourself at a specific time
  • Revocable Living Trust: an estate planning tool that you can use to place assets in a trust so they can skip probate and be distributed according to your specific wishes after you pass away
  • Revocation of Power of Attorney: a document used to revoke an existing Power of Attorney
  • End-of-Life Plan: a document that allows you to set out your wishes for your remains and any memorial or funeral services, as well as distribution of assets for when you pass away

Frequently Asked Questions:

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