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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 10th day of July, 2020 (my 'Last Will').
IN WITNESS WHEREOF, I have signed my name on this the ________ day of ________________, ________, 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 ________ day of ________________, ________ 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 VIRGINIACOUNTY/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)
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).
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.
Some common things people change in their Last Wills using Codicils include:
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.
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.
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.
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