Will Amendment, Codicil and Revocation Kit

for Your State
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This kit provides tools and guidelines to assist you in amending or revoking your will.

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Before you attempt to amend or revoke your Will, it is important to understand the rules governing such amendments and revocations. Failure to follow these rules and an attempt to change your Will by such methods as crossing out a name or penciling in an addition could have the disastrous effect of voiding portions of, or perhaps even your entire Will. This kit includes the tools to properly and effectively amend or revoke your will.

This kit includes:

• Instructions for amending or revoking your Will
• Codicil (also referred to as a Will amendment) form
• Instructions for signing your Codicil
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Will Amendment and Revocation









This Packet Includes:
1. Information
2. Step-by-Step Instructions
3. Codicil Form
4. Instructions for Signing Your Will





Information
Will Amendment and Revocation

This kit provides tools and guidelines to assist you in amending or revoking your will.

In this kit, instructions will be given on when and how to change your will and how to revoke (cancel) your will.  It is most important to follow these instructions carefully should you desire to make any changes to your will.  Failure to follow these instructions and an attempt to change your will by such methods as crossing out a name or penciling in an addition could have the disastrous effect of voiding portions of, or even perhaps, your entire will.  Again, these instructions are not difficult to follow, but are very important to ensure that your wishes with respect to the amendment or revocation of your will are effectively carried out.

Note:  Before amending or revoking your will, you may wish to consult the laws in your state governing the operation of wills.  For a brief overview of these laws, please visit our State Law Digest.  For your convenience, links to the digest are provided in Appendix A.





Step-by-Step Instructions
Will Amendment and Revocation

   If you desire to totally revoke your will, there are two acceptable methods:

   Signing a new will that expressly states that you revoke all prior wills
   Completely destroying, burning, or mutilating your will while it is in your possession, if you actually intend that there be a revocation of your will

   Regarding any potential changes that you may wish to make in your will at a later date, you should periodically review the provisions of your will, keeping in mind the following items as they relate to your present situation:

   Have there been any substantial changes in your personal wealth?
   Have there been any changes in your ownership of any property mentioned in your will?
   Have any of the beneficiaries named in your will died or fallen into your disfavor?
   Are any of the persons whom you named as executor, guardian, or trustee in your will no longer willing or able to serve?
   Have you changed the state of your residence?
   Have you been married since the date of your will?
   Have you been divorced since the date of your will?
   Have you had any children since the date of your will?
   Have you adopted any children since the date of your will?
   Do you simply wish to make any corrections, deletions, or additions to any provisions in your will?



   If any of these matters apply, you will need to change your will accordingly.  Although it is possible to completely rewrite your will to take account of any of these changes, an easier method is to prepare and formally execute a codicil, or a written change to a will.  Please bear in mind that all of the formalities surrounding the signing of your original will must again be followed for any such changes contained in a codicil to your will in order to be valid.  (NOTE:  Instructions for properly and formally signing your will are reproduced at the end of this kit for your reference).

   Never attempt to change any portions of your will by any other method.  For example, do not attempt to add provisions in the margin of your will, either by typing or writing them in.  Do not attempt to cross out any portions of your will.  These are not acceptable methods for the alteration of a will and could subject your will to a court battle to determine its subsequent validity.



   Following are standard clauses for changing provisions of your will and a general form for a codicil.  Insert such changes as are necessary where indicated on the form.  Prepare the codicil the same way as you prepared your original will using the following simple list of instructions:

   Make a photocopy of the codicil form.  Using the photocopy as a worksheet, fill in the appropriate information for each chosen clause.  For the main clause indicating the changes to your will, use one or more of the following phrases.  If you wish to change a particular sentence in your will, you should first revoke the original sentence and then add the new sentence.  If you merely wish to add new material to the will or revoke a portion of the will, use only one of the phrases below:

    “I revoke the following sentence of my will:

or,

    “I add the following sentence to my will:

   On your photocopy worksheet version, cross out all extraneous material that will not become a part of your codicil.  Carefully reread your entire codicil to be certain that it is exactly as you wish.

   After making any necessary changes, print the entire codicil on good quality

8 1/2” x 11” paper.

   After you have completed your codicil, fill in the total number of pages in the Signature paragraph.  Do not yet sign your codicil or fill in the date in any of the spaces indicated.



   Again, proofread your entire codicil very carefully. Be certain that there are no errors.  If there are any errors, reprint that particular page.  Do not attempt to correct any errors with type-correcting fluid or tape, or with erasures of any kind.  Do not cross out any words and do not add anything to the printed words using a pen or pencil.

   When you have a perfect original of your codicil, with no corrections and no additions, staple all of the pages together in the upper left-hand corner.  You are now ready to prepare for the execution (signing) of your codicil.  For signing your codicil, please follow the same procedures as you did when signing your will, adding the statement:



“This is my Codicil to my Last Will and Testament that I am about to sign.

   As you fill in the information for each clause, keep in mind the following instructions:

   Title Clause: The title clause is mandatory for all codicils and must be included.  Fill in the name blank with your full legal name.  If you have been known by more than one name, use your principal name.  Be sure to use the exact same name as you used in the will that you are changing.

   Identification Clause: The identification clause is mandatory and must be included in all codicils. In the first blank, include any other names that you are known by.  Do this by adding the phrase: “also known as” after your principal full name. For example:

“John James Smith, also known as Jimmy John Smith.

   In the spaces provided for your residence, use the location of your principal residence; that is, the place where you currently live permanently.  Please note the exact date when you signed your current will.

   Addition to Will Clause: Use of this clause is optional.  Use if you wish to add additional provisions to your will.  In the space provided, simply fill in whatever provisions you desired to be added. For example:

“I add the following sentence to the [ name of clause ] clause of my will:

   Revocation of Paragraph of Will Clause: This clause is optional.  Use in those situations where you desire to delete a clause from your original will.  Simply indicate which clause it is that you wish to revoke in the space indicated:

   “I revoke the following clause of my will:



   Correction of Will Clause: Use is optional.  Use this clause for those situations where you wish to retain a particular clause in your will, but desire to change a portion of it (for example, substitution of the name of a different beneficiary).  Where indicated in this clause, insert the correct information that you wish to have become part of your will:

   “I change the [ name of clause ] clause of my will to read as follows:



   Signature and Self-Proving Clause: This clause is mandatory.  You will fill in the number of pages and the appropriate dates where indicated after you have properly completed and printed your codicil.  The use of the notary acknowledgment, although not a strict legal necessity, is strongly recommended.  This allows the codicil to become “self-proving” and the witnesses need not be called upon to testify in court at a later date (after your death) that they, indeed, signed the codicil as witnesses.  Although a few states have not enacted legislation to allow for the use of this type of sworn and acknowledged testimony to be used in court, the current trend is to allow for their use in probate courts.  This saves time, money, and trouble in having your codicil admitted to probate when necessary.



   The actual signing of the codicil by both you and your witnesses is identical the process used when signing your will.  (See instructions at the end of this kit).

   Codicil Instructions

   Fill in each of the appropriate blanks.  Cross out any information that is not appropriate to your situation. The needed information to be filled in is noted below and should be written into the following codicil form in the place where the corresponding letter appears.

   Full name of testator

   Full name of testator (and any other names that you are known by)
   Full address of testator

     Date of signing of codicil (DO NOT FILL IN YET)

   Complete description of specific change (repeat for each specific change)
   
  Number of total pages of codicil (fill in when codicil is typed or printed)
     Date of signing of codicil (DO NOT FILL IN YET)
     Signature of testator (DO NOT FILL IN YET)
     Printed name of testator (DO NOT FILL IN YET)
     Date of witnessing of codicil (DO NOT FILL IN YET)
     Signature of witness (repeat for each witness) (DO NOT FILL IN YET)
     Printed name of witness (repeat for each witness) (DO NOT FILL IN YET)
     Address of witness (repeat for each witness) (DO NOT FILL IN YET)
   Notary Acknowledgment (to be filled in by Notary Public)






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FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only an attorney can provide legal advice.  An attorney should be consulted for all serious legal matters.  No Attorney-Client relationship is created by use of these materials.  



THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 

Codicil to the Last Will and Testament of       (A)      

I,       (B)        , whose address is                        (C)                        , declare that this is a Codicil to my Last Will and Testament, dated __________________.

I make the following changes to my Last Will and Testament:

(D)



































I republish my Last Will and Testament as modified by this Codicil and sign this Codicil, consisting of ____ printed pages, on __________________, and declare that I do so freely, for the purposes expressed, under no constraint or undue influence, and that I am of sound mind and of legal age.


______________________________    ______________________________
Signature of Testator             Printed Name of Testator


We, the undersigned, being first sworn on oath and under penalty of perjury, state that:

On __________________, in the presence of all of us, the above-named Testator published and signed this Codicil to said Last Will and Testament, and then at Testators request, and in Testators presence, and in each others presence, we all signed below as witnesses, and we declare that, to the best of our knowledge, the Testator signed this instrument freely, under no constraint or undue influence, and is of sound mind and legal age.


______________________________    ______________________________
Signature of Witness             Signature of Witness

______________________________    ______________________________
Printed Name of Witness          Printed Name of Witness

______________________________    ______________________________
Address of Witness             Address of Witness



______________________________
Signature of Witness

______________________________
Printed Name of Witness

______________________________
Address of Witness




(E)   Notary Acknowledgment

State of ____________________
County of ____________________

On ______________________, _____________________________________, the testator, and ____________________________________, ____________________________________, and ____________________________________, the witnesses, personally came before me and, being duly sworn, did state that they are the persons described in the above document and that they signed the above document in my presence as a free and voluntary act for the purposes stated.


______________________________
Signature of Notary Public

Notary Public, In and for the County of ____________________
State of ____________________

My commission expires: __________________             Notary Seal





Instructions for Signing Your Will
Instructions for Signing Your Amendment to Your Will

After you have had your codicil successfully completed in the proper form, you are ready to sign it.  Do not sign your codicil until you have read this section and have all of the necessary witnesses and Notary Public present.  The legal requirements listed below regarding the proper execution (signing) of your codicil (which are the same as the requirements for signing your will) are extremely important and must not be deviated from in any manner in order for your codicil to be legally valid.  These requirements are not at all difficult to follow, but they must be followed precisely.  These formal requirements are what transform your codicil from a mere piece of paper outlining your wishes to a legal document that grants the power to dispose of your property under court order after your death.

The reasons for the formality of these requirements are twofold: first, by requiring a ceremonial-type signing of the document, it is hoped that the testator is made fully aware of the importance of what he or she is doing; and second, by requiring a formal signing witnessed by other adults, it is hoped that any instances of forgery, fraud, and coercion will be avoided, or at least minimized.

Again, these legal formalities must be observed strictly.  Do not deviate from these instructions in any way.  The formal execution or signing of your will makes it legally valid and failure to properly sign your will renders it invalid.  To properly execute your will, follow these few simple steps:

1.   Select three (3) witnesses (not all states require 3 witnesses  see Appendix A for your states requirements) who will be available to assist you in witnessing the amending your will.  These persons may be any adults who are not mentioned in the will/codicil either as a beneficiary, executor, trustee, or guardian.  The witnesses can be friends, neighbors, co-workers, or even strangers.  However, it is prudent to choose persons who have been stable members of your community, since they may be called upon to testify in court someday.

2.   Arrange for all of your witnesses to meet you at the office or home of a local Notary Public. Many banks, real estate offices, and government offices have notary services and most will be glad to assist you.  (The Notary Public may not be one of be one of the required three (3) witnesses.)
3.   In front of all of the witnesses and the Notary Public, the following should take place in the order shown:

(a)   You should state: “This is my Codicil to my Last Will and Testament, which I am about to sign.  I ask that each of you witness my signature.”  There is no requirement that the witnesses know any of the terms of your will or that they read any of your will.  All that is necessary is that they hear you state that it is a codicil to your will, that you request them to be witnesses, that they observe you sign the codicil to your will, and that they also sign the will as witnesses in each others presence.

(b)   You will then sign the codicil to your will in ink, using a pen, at the end of the will in the place indicated, exactly as your name is printed on your will and codicil.  You should also sign your initials on the bottom of each page of your codicil at this time.

(c)   After you have signed, pass your codicil to the first witness, who should sign in the place indicated and fill in his or her address.

(d)   After the first witness has signed, have the codicil passed to the second witness, who should also sign in the place indicated and fill in his or her address.

(e)   After the second witness has signed, have the codicil passed to the third and final witness, who also signs in the place indicated and fills in his or her address.  Throughout this ceremony, you and all of the witnesses must remain together.  It is easier if you are all seated around a table or desk.

(f)   For the final step, the Notary Public completes the notary acknowledgment section of the codicil and signs in the space indicated.  When this step is completed, your codicil is a valid legal document and you can be assured that your wishes will be carried out upon the presentation of your will to a probate court upon your death.

Please note that you should never under any circumstances sign a duplicate of your will.  Once your will has been properly executed following the steps above, you may make photocopies of it.  It is a good idea to label any of these photocopies as “COPIES.

Having completed your codicil to your will according to the instructions above, it is now time to place your codicil and will in a safe place.  Many people keep their important papers in a safe deposit box at a local bank.  Although this is an acceptable place for storing a will, be advised that there are certain drawbacks.  Your will should be in a place that is readily accessible at a moments notice to your executor.  Often there are certain unavoidable delays in gaining access to a safe deposit box in an emergency situation.  If you are married, and your safe deposit box is jointly held, many of these delays can be avoided.  However, even in this situation, some states prevent immediate access to the safe deposit box of a deceased married person.  If you decide to keep the original will in your safe deposit box, it is a good idea to keep a copy of your will clearly marked “COPY” at home in a safe but easily located place, with a note as to where the original will can be found.

An acceptable alternative to a safe deposit box is a home file box or desk that is used for home storage of your important papers.  If possible, this storage place should be fireproof and under lock and key.  Wherever you decide to store your will, you will need to inform your chosen executor of its location.  The executor will need to obtain the original of your will shortly after your demise to determine if there are any necessary duties that must be looked after without delay; for example, funeral plans or organ donations.

It is also a good practice to store any life insurance policies and a copy of your birth certificate in the same location as your original will.  Additionally, it is also prudent to store a copy of your Property Questionnaire, Beneficiary Questionnaire, and Executor Information List with your will in order to provide your executor with an inventory and location list of your assets and a list of information regarding your heirs and beneficiaries.  Any title documents or deeds relating to property that will be transferred under your will may also be stored with your will for the convenience of your executor.  One final precaution: If you wish, allow the executor whom you have named to keep a copy of your will.  Be careful, however, to be certain that you immediately inform him or her of any new will that you prepare, of any codicils (formal changes to your will) you make to your will, or of any decision to revoke (cancel) your will.   (Please go to http://www.findlegalforms.com for Property Questionnaire, Beneficiary Questionnaire, and Executor Information List.)


Appendix A: State Law Summary Links
APPENDIX A
FindLegalForms.com
State Law Digest for Wills
Provided under agreement with copyright holder,
© Nova Publishing Company 2004
(Click on the appropriate state link below)

ALABAMA
ALASKA
ARIZONA
ARKANSAS
CALIFORNIA
COLORADO
CONNECTICUT
DELAWARE
DISTRICT OF COLUMBIA
FLORIDA
GEORGIA
HAWAII
IDAHO
ILLINOIS
INDIANA
IOWA
KANSAS
KENTUCKY
LOUISIANA
MAINE
MARYLAND
MASSACHUSETTS
MICHIGAN
MINNESOTA
MISSISSIPPI
MISSOURI
MONTANA
NEBRASKA
NEVADA
NEW HAMPSHIRE
NEW JERSEY
NEW MEXICO
NEW YORK
NORTH CAROLINA
NORTH DAKOTA
OHIO
OKLAHOMA
OREGON
PENNSYLVANIA
RHODE ISLAND
SOUTH CAROLINA
SOUTH DAKOTA
TENNESSEE
TEXAS
UTAH
VERMONT
VIRGINIA
WASHINGTON
WEST VIRGINIA
WISCONSIN
WYOMING


Number of Pages13
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#27381
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Will Amendment and Revocation









This Packet Includes:
1. Information
2. Step-by-Step Instructions
3. Codicil Form
4. Instructions for Signing Your Will





Information
Will Amendment and Revocation

This kit provides tools and guidelines to assist you in amending or revoking your will.

In this kit, instructions will be given on when and how to change your will and how to revoke (cancel) your will.  It is most important to follow these instructions carefully should you desire to make any changes to your will.  Failure to follow these instructions and an attempt to change your will by such methods as crossing out a name or penciling in an addition could have the disastrous effect of voiding portions of, or even perhaps, your entire will.  Again, these instructions are not difficult to follow, but are very important to ensure that your wishes with respect to the amendment or revocation of your will are effectively carried out.

Note:  Before amending or revoking your will, you may wish to consult the laws in your state governing the operation of wills.  For a brief overview of these laws, please visit our State Law Digest.  For your convenience, links to the digest are provided in Appendix A.





Step-by-Step Instructions
Will Amendment and Revocation

   If you desire to totally revoke your will, there are two acceptable methods:

   Signing a new will that expressly states that you revoke all prior wills
   Completely destroying, burning, or mutilating your will while it is in your possession, if you actually intend that there be a revocation of your will

   Regarding any potential changes that you may wish to make in your will at a later date, you should periodically review the provisions of your will, keeping in mind the following items as they relate to your present situation:

   Have there been any substantial changes in your personal wealth?
   Have there been any changes in your ownership of any property mentioned in your will?
   Have any of the beneficiaries named in your will died or fallen into your disfavor?
   Are any of the persons whom you named as executor, guardian, or trustee in your will no longer willing or able to serve?
   Have you changed the state of your residence?
   Have you been married since the date of your will?
   Have you been divorced since the date of your will?
   Have you had any children since the date of your will?
   Have you adopted any children since the date of your will?
   Do you simply wish to make any corrections, deletions, or additions to any provisions in your will?



   If any of these matters apply, you will need to change your will accordingly.  Although it is possible to completely rewrite your will to take account of any of these changes, an easier method is to prepare and formally execute a codicil, or a written change to a will.  Please bear in mind that all of the formalities surrounding the signing of your original will must again be followed for any such changes contained in a codicil to your will in order to be valid.  (NOTE:  Instructions for properly and formally signing your will are reproduced at the end of this kit for your reference).

   Never attempt to change any portions of your will by any other method.  For example, do not attempt to add provisions in the margin of your will, either by typing or writing them in.  Do not attempt to cross out any portions of your will.  These are not acceptable methods for the alteration of a will and could subject your will to a court battle to determine its subsequent validity.



   Following are standard clauses for changing provisions of your will and a general form for a codicil.  Insert such changes as are necessary where indicated on the form.  Prepare the codicil the same way as you prepared your original will using the following simple list of instructions:

   Make a photocopy of the codicil form.  Using the photocopy as a worksheet, fill in the appropriate information for each chosen clause.  For the main clause indicating the changes to your will, use one or more of the following phrases.  If you wish to change a particular sentence in your will, you should first revoke the original sentence and then add the new sentence.  If you merely wish to add new material to the will or revoke a portion of the will, use only one of the phrases below:

    “I revoke the following sentence of my will:

or,

    “I add the following sentence to my will:

   On your photocopy worksheet version, cross out all extraneous material that will not become a part of your codicil.  Carefully reread your entire codicil to be certain that it is exactly as you wish.

   After making any necessary changes, print the entire codicil on good quality

8 1/2” x 11” paper.

   After you have completed your codicil, fill in the total number of pages in the Signature paragraph.  Do not yet sign your codicil or fill in the date in any of the spaces indicated.



   Again, proofread your entire codicil very carefully. Be certain that there are no errors.  If there are any errors, reprint that particular page.  Do not attempt to correct any errors with type-correcting fluid or tape, or with erasures of any kind.  Do not cross out any words and do not add anything to the printed words using a pen or pencil.

   When you have a perfect original of your codicil, with no corrections and no additions, staple all of the pages together in the upper left-hand corner.  You are now ready to prepare for the execution (signing) of your codicil.  For signing your codicil, please follow the same procedures as you did when signing your will, adding the statement:



“This is my Codicil to my Last Will and Testament that I am about to sign.

   As you fill in the information for each clause, keep in mind the following instructions:

   Title Clause: The title clause is mandatory for all codicils and must be included.  Fill in the name blank with your full legal name.  If you have been known by more than one name, use your principal name.  Be sure to use the exact same name as you used in the will that you are changing.

   Identification Clause: The identification clause is mandatory and must be included in all codicils. In the first blank, include any other names that you are known by.  Do this by adding the phrase: “also known as” after your principal full name. For example:

“John James Smith, also known as Jimmy John Smith.

   In the spaces provided for your residence, use the location of your principal residence; that is, the place where you currently live permanently.  Please note the exact date when you signed your current will.

   Addition to Will Clause: Use of this clause is optional.  Use if you wish to add additional provisions to your will.  In the space provided, simply fill in whatever provisions you desired to be added. For example:

“I add the following sentence to the [ name of clause ] clause of my will:

   Revocation of Paragraph of Will Clause: This clause is optional.  Use in those situations where you desire to delete a clause from your original will.  Simply indicate which clause it is that you wish to revoke in the space indicated:

   “I revoke the following clause of my will:



   Correction of Will Clause: Use is optional.  Use this clause for those situations where you wish to retain a particular clause in your will, but desire to change a portion of it (for example, substitution of the name of a different beneficiary).  Where indicated in this clause, insert the correct information that you wish to have become part of your will:

   “I change the [ name of clause ] clause of my will to read as follows:



   Signature and Self-Proving Clause: This clause is mandatory.  You will fill in the number of pages and the appropriate dates where indicated after you have properly completed and printed your codicil.  The use of the notary acknowledgment, although not a strict legal necessity, is strongly recommended.  This allows the codicil to become “self-proving” and the witnesses need not be called upon to testify in court at a later date (after your death) that they, indeed, signed the codicil as witnesses.  Although a few states have not enacted legislation to allow for the use of this type of sworn and acknowledged testimony to be used in court, the current trend is to allow for their use in probate courts.  This saves time, money, and trouble in having your codicil admitted to probate when necessary.



   The actual signing of the codicil by both you and your witnesses is identical the process used when signing your will.  (See instructions at the end of this kit).

   Codicil Instructions

   Fill in each of the appropriate blanks.  Cross out any information that is not appropriate to your situation. The needed information to be filled in is noted below and should be written into the following codicil form in the place where the corresponding letter appears.

   Full name of testator

   Full name of testator (and any other names that you are known by)
   Full address of testator

     Date of signing of codicil (DO NOT FILL IN YET)

   Complete description of specific change (repeat for each specific change)
   
  Number of total pages of codicil (fill in when codicil is typed or printed)
     Date of signing of codicil (DO NOT FILL IN YET)
     Signature of testator (DO NOT FILL IN YET)
     Printed name of testator (DO NOT FILL IN YET)
     Date of witnessing of codicil (DO NOT FILL IN YET)
     Signature of witness (repeat for each witness) (DO NOT FILL IN YET)
     Printed name of witness (repeat for each witness) (DO NOT FILL IN YET)
     Address of witness (repeat for each witness) (DO NOT FILL IN YET)
   Notary Acknowledgment (to be filled in by Notary Public)






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Codicil to the Last Will and Testament of       (A)      

I,       (B)        , whose address is                        (C)                        , declare that this is a Codicil to my Last Will and Testament, dated __________________.

I make the following changes to my Last Will and Testament:

(D)



































I republish my Last Will and Testament as modified by this Codicil and sign this Codicil, consisting of ____ printed pages, on __________________, and declare that I do so freely, for the purposes expressed, under no constraint or undue influence, and that I am of sound mind and of legal age.


______________________________    ______________________________
Signature of Testator             Printed Name of Testator


We, the undersigned, being first sworn on oath and under penalty of perjury, state that:

On __________________, in the presence of all of us, the above-named Testator published and signed this Codicil to said Last Will and Testament, and then at Testators request, and in Testators presence, and in each others presence, we all signed below as witnesses, and we declare that, to the best of our knowledge, the Testator signed this instrument freely, under no constraint or undue influence, and is of sound mind and legal age.


______________________________    ______________________________
Signature of Witness             Signature of Witness

______________________________    ______________________________
Printed Name of Witness          Printed Name of Witness

______________________________    ______________________________
Address of Witness             Address of Witness



______________________________
Signature of Witness

______________________________
Printed Name of Witness

______________________________
Address of Witness




(E)   Notary Acknowledgment

State of ____________________
County of ____________________

On ______________________, _____________________________________, the testator, and ____________________________________, ____________________________________, and ____________________________________, the witnesses, personally came before me and, being duly sworn, did state that they are the persons described in the above document and that they signed the above document in my presence as a free and voluntary act for the purposes stated.


______________________________
Signature of Notary Public

Notary Public, In and for the County of ____________________
State of ____________________

My commission expires: __________________             Notary Seal





Instructions for Signing Your Will
Instructions for Signing Your Amendment to Your Will

After you have had your codicil successfully completed in the proper form, you are ready to sign it.  Do not sign your codicil until you have read this section and have all of the necessary witnesses and Notary Public present.  The legal requirements listed below regarding the proper execution (signing) of your codicil (which are the same as the requirements for signing your will) are extremely important and must not be deviated from in any manner in order for your codicil to be legally valid.  These requirements are not at all difficult to follow, but they must be followed precisely.  These formal requirements are what transform your codicil from a mere piece of paper outlining your wishes to a legal document that grants the power to dispose of your property under court order after your death.

The reasons for the formality of these requirements are twofold: first, by requiring a ceremonial-type signing of the document, it is hoped that the testator is made fully aware of the importance of what he or she is doing; and second, by requiring a formal signing witnessed by other adults, it is hoped that any instances of forgery, fraud, and coercion will be avoided, or at least minimized.

Again, these legal formalities must be observed strictly.  Do not deviate from these instructions in any way.  The formal execution or signing of your will makes it legally valid and failure to properly sign your will renders it invalid.  To properly execute your will, follow these few simple steps:

1.   Select three (3) witnesses (not all states require 3 witnesses  see Appendix A for your states requirements) who will be available to assist you in witnessing the amending your will.  These persons may be any adults who are not mentioned in the will/codicil either as a beneficiary, executor, trustee, or guardian.  The witnesses can be friends, neighbors, co-workers, or even strangers.  However, it is prudent to choose persons who have been stable members of your community, since they may be called upon to testify in court someday.

2.   Arrange for all of your witnesses to meet you at the office or home of a local Notary Public. Many banks, real estate offices, and government offices have notary services and most will be glad to assist you.  (The Notary Public may not be one of be one of the required three (3) witnesses.)
3.   In front of all of the witnesses and the Notary Public, the following should take place in the order shown:

(a)   You should state: “This is my Codicil to my Last Will and Testament, which I am about to sign.  I ask that each of you witness my signature.”  There is no requirement that the witnesses know any of the terms of your will or that they read any of your will.  All that is necessary is that they hear you state that it is a codicil to your will, that you request them to be witnesses, that they observe you sign the codicil to your will, and that they also sign the will as witnesses in each others presence.

(b)   You will then sign the codicil to your will in ink, using a pen, at the end of the will in the place indicated, exactly as your name is printed on your will and codicil.  You should also sign your initials on the bottom of each page of your codicil at this time.

(c)   After you have signed, pass your codicil to the first witness, who should sign in the place indicated and fill in his or her address.

(d)   After the first witness has signed, have the codicil passed to the second witness, who should also sign in the place indicated and fill in his or her address.

(e)   After the second witness has signed, have the codicil passed to the third and final witness, who also signs in the place indicated and fills in his or her address.  Throughout this ceremony, you and all of the witnesses must remain together.  It is easier if you are all seated around a table or desk.

(f)   For the final step, the Notary Public completes the notary acknowledgment section of the codicil and signs in the space indicated.  When this step is completed, your codicil is a valid legal document and you can be assured that your wishes will be carried out upon the presentation of your will to a probate court upon your death.

Please note that you should never under any circumstances sign a duplicate of your will.  Once your will has been properly executed following the steps above, you may make photocopies of it.  It is a good idea to label any of these photocopies as “COPIES.

Having completed your codicil to your will according to the instructions above, it is now time to place your codicil and will in a safe place.  Many people keep their important papers in a safe deposit box at a local bank.  Although this is an acceptable place for storing a will, be advised that there are certain drawbacks.  Your will should be in a place that is readily accessible at a moments notice to your executor.  Often there are certain unavoidable delays in gaining access to a safe deposit box in an emergency situation.  If you are married, and your safe deposit box is jointly held, many of these delays can be avoided.  However, even in this situation, some states prevent immediate access to the safe deposit box of a deceased married person.  If you decide to keep the original will in your safe deposit box, it is a good idea to keep a copy of your will clearly marked “COPY” at home in a safe but easily located place, with a note as to where the original will can be found.

An acceptable alternative to a safe deposit box is a home file box or desk that is used for home storage of your important papers.  If possible, this storage place should be fireproof and under lock and key.  Wherever you decide to store your will, you will need to inform your chosen executor of its location.  The executor will need to obtain the original of your will shortly after your demise to determine if there are any necessary duties that must be looked after without delay; for example, funeral plans or organ donations.

It is also a good practice to store any life insurance policies and a copy of your birth certificate in the same location as your original will.  Additionally, it is also prudent to store a copy of your Property Questionnaire, Beneficiary Questionnaire, and Executor Information List with your will in order to provide your executor with an inventory and location list of your assets and a list of information regarding your heirs and beneficiaries.  Any title documents or deeds relating to property that will be transferred under your will may also be stored with your will for the convenience of your executor.  One final precaution: If you wish, allow the executor whom you have named to keep a copy of your will.  Be careful, however, to be certain that you immediately inform him or her of any new will that you prepare, of any codicils (formal changes to your will) you make to your will, or of any decision to revoke (cancel) your will.   (Please go to http://www.findlegalforms.com for Property Questionnaire, Beneficiary Questionnaire, and Executor Information List.)


Appendix A: State Law Summary Links
APPENDIX A
FindLegalForms.com
State Law Digest for Wills
Provided under agreement with copyright holder,
© Nova Publishing Company 2004
(Click on the appropriate state link below)

ALABAMA
ALASKA
ARIZONA
ARKANSAS
CALIFORNIA
COLORADO
CONNECTICUT
DELAWARE
DISTRICT OF COLUMBIA
FLORIDA
GEORGIA
HAWAII
IDAHO
ILLINOIS
INDIANA
IOWA
KANSAS
KENTUCKY
LOUISIANA
MAINE
MARYLAND
MASSACHUSETTS
MICHIGAN
MINNESOTA
MISSISSIPPI
MISSOURI
MONTANA
NEBRASKA
NEVADA
NEW HAMPSHIRE
NEW JERSEY
NEW MEXICO
NEW YORK
NORTH CAROLINA
NORTH DAKOTA
OHIO
OKLAHOMA
OREGON
PENNSYLVANIA
RHODE ISLAND
SOUTH CAROLINA
SOUTH DAKOTA
TENNESSEE
TEXAS
UTAH
VERMONT
VIRGINIA
WASHINGTON
WEST VIRGINIA
WISCONSIN
WYOMING


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