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What is a Codicil to Will?
When to use a Codicil to Will:
- A life-changing event makes it necessary to change your Will.
- You have new beneficiaries such as a grandchild or new spouse.
- You need to change your executor, trustee or guardian.
- You want to add an executor to manage your digital assets.
- You need to modify conditions or restrictions on the receipt of a bequest.
- You want to add a pet provision.
Sample Codicil to Will
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CODICIL TO THE
LAST WILL AND TESTAMENT
OF
I, , of , , declare this to be the Codicil to my Last Will and Testament which was executed by me on .
. Compensation. To receive reasonable compensation for their services under this Will and be exonerated from and to pay all reasonable expenses and charges of the estate and trust.
, with the following requests:.
| - | that they take possession of and care for all my animals and search for good homes for them |
| - | that until homes are found for my animals, the animals be placed in foster homes rather than in cages at the shelter |
| - | that if it is necessary to keep some of the animals in cages while making arrangements to fend permanent homes, in no event should any animal stay more than a total of 2 weeks in a cage |
| - | that each animal should receive appropriate veterinary care, as needed |
| - | that after attempts have been made for 3 months to place an animal, that , presently residing at , , , be contacted if it is not possible to place an animal so that he can assist with finding a home for the animal |
| - | that the shelter make every effort to assure that none of my animals are ever used for medical research or product testing or painful experimentation under any circumstances |
| - | that, after placement, shelter personnel make follow-up visits to assure that my animals are receiving proper care in their new homes |
| - | that they take possession of and care for all my animals for the remainder of the animals' lives |
| - |
If is in existence at the time of my death and is able to accept my animals, I give to . and
Except as expressly modified or changed by this Codicil, I approve, ratify and affirm my Will dated .
I subscribe this my Codicil to Will on this ______ day of ____________________, ______.
| Signature: | ___________________________________ |
and in the sight and presence of each other,
| Witness Signature: | ________________________________________ |
| Name: |
| City: |
| State: |
and or an emancipated minor of sound mindof sound mind, have sufficient mental capacity to make the Codicil, am and , and in the presence of each other, or an emancipated minor of sound mindof sound mind and memory, have sufficient mental capacity to make this Codicil, are
| Witness Signature: | ________________________________________ |
| Name: |
| City: |
| State: |
; and subscribed and sworn to before me by and and , witnesses and
| Witness Signature: | ________________________________________ |
| Name: |
| City: |
| State: |
and by ________________________________________ a witness who is personally known to me or who has produced ________________________________________ (type of identification) as identification, and ,
| Witness Signature: | ________________________________________ |
| Name: |
| City: |
| State: |
and
| Witness Signature: | ________________________________________ |
| Name: |
| City: |
| State: |
and
| Witness Signature: | ________________________________________ |
| Name: |
| City: |
| State: |
and and
| Witness Signature: | ________________________________________ |
| Name: |
| City: |
| State: |
| Witness Signature: | ________________________________________ |
| Name: |
| City: |
| State: |
Name of Sole Digital Executor:
City:
State:
Name of Co-Digital Executor:
City:
State:
Name of Co-Digital Executor:
City:
State:
should initial the bottom margin of each page of the Codicil. This is done to prevent the substitution of pages.
must sign each page of the Codicil, as required by the Louisiana Civil Code, Article 1577. must sign the pages in the presence of a notary public and at least two competent witnesses.
The Self-Proving Affidavit
The self-proving affidavit ("Proof of Will" in some states) is a document which should be signed in front of a notary public and attached to the end of the Will. The affidavit recites that the requisite formalities were observed in signing the Will.
Although attaching the affidavit has nothing to do with the legality of the Will itself, it can speed the admission of the Will to probate after the death of the Will writer because it eliminates the need to have a witness appear at the probate proceeding to testify that the formalities in signing the Will were followed. The witnesses may not be available later when they are needed. A self-proved Will may be admitted to probate without additional witnesses or affidavits, but it is still subject to contest on such grounds as undue influence, lack of testamentary capacity, or prior revocation.
two three or a notary public and a notary publicIn California, witnesses to a will or codicil are not required to be disinterested, but if they are "interested", there is a rebuttable presumption that the witness received the will or codicil's benefit through fraud or other undue influence, unless there are two additional disinterested witnesses. If the interested witness cannot rebut that presumption, they cannot take more than they would have taken if no will had existed at all, if anything. The signature of an interested witness will count towards satisfying California's requirement that non-handwritten wills have two witnesses.Many states require only two witnesses, but the signature of a third witness provides some protection against the possibility that one of the witness' signatures will be invalid for some reason. For example, a person should not be a witness if that person is a beneficiary under the Will or Codicil. In most states, if a beneficiary's signature is counted in order to satisfy the minimum number of witnesses, then the Codicil is not necessarily invalidated, but that "interested witness" may not receive a share of the estate any larger than if the Will writer had died without a will. Vermont requires three witnesses. The signature of a third witness provides some protection against the possibility that one of the signatures will be invalid for some reason. For example, a person should not be a witness if that person is a beneficiary under the Will or Codicil. In most states, if a beneficiary's signature is counted in order to satisfy the minimum number of witnesses, then the Codicil is not necessarily invalidated, but that "interested witness" may not receive a share of the estate any larger than if the Will writer had died without a will.
Codicil to Will FAQs
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How do I add a Codicil to my will?
With Rocket Lawyer, you can easily make a Codicil for free. The Codicil should be dated, reference back to your original Will, and specify which sections of your Will are being changed. To be considered a legal change, a Codicil typically has to be witnessed by at least two disinterested parties—people who are not beneficiaries of the original will or beneficiaries of the Codicil.
You are not required to limit yourself to a single Codicil, however if you have made multiple changes over time, it may be worth considering consolidating your Codicils and creating a new Will. It can be helpful to have your document reviewed by an estate planning lawyer to ensure that it contains the appropriate details.
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What can you put in a Codicil?
There are no legal restrictions to what may be included in a Codicil to a Will. Some of the items which often involve Codicils include changes to executors, assigning an additional executor to be responsible for your social media and other online accounts, modifications to specific assets which you have bequeathed to other parties, or specifying who should take care of your pets upon your death.
In some instances, when marital situations change, a Codicil is used to add a new beneficiary to your will, including a child or a new spouse. Some people have used a Codicil to change beneficiary designations, as well. You can use a Codicil for any legal purpose to make changes to your Will at any time you feel is appropriate or necessary.
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Can I add a Codicil to my Will without a lawyer?
You do not need to have a Will modified through an attorney. With Rocket Lawyer, you can make a Codicil to your Will for free by answering a few simple questions. You can easily download your Codicil, or ask a lawyer to take a look at it before you and your witnesses sign it.
Before you get started, make sure you have the following:
- Access to a copy of your existing Will
- What provisions you plan to modify
- The legal names of the witnesses
Your Codicil should be attached to your Last Will and Testament once signed by your witnesses.
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How much does it cost to add a Codicil to my Will?
An estate planning lawyer can easily cost $200-$400 per hour. Fortunately, with Rocket Lawyer, you can make a Codicil to your Will for free. As a Rocket Lawyer Premium member, you can copy your Codicil, download it in PDF or Word format, and print it anytime. You can also use your Rocket Lawyer membership to have your entire estate plan reviewed by an experienced On Call attorney.
If you have questions about changing your Will, ask a lawyer.
