CODICIL TO LAST WILL AND TESTAMENT OF _________
I, _________, known as the "Testator", currently residing in _________, California, hereby affirm this document as my codicil, referred to as "Codicil", to my previously executed last will and testament, dated _________, which I will hereinafter refer to as my "Last Will".
1) Clause _________ of my Last Will shall be modified in the following manner:
- The recipient of _________ shall be modified from "_________" to "_________ currently residing in _________, California."
2) I hereby confirm and republish my Last Will, originally dated _________, in its entirety, except as explicitly altered herein.
IN WITNESS WHEREOF, I have affixed my signature on this ________________________, in _________. I declare and attest that this document is my Codicil to Last Will. It is witnessed and subscribed to by the undersigned witnesses, who did so at my request and in my presence.
_____________________________
_________
SIGNED AND DECLARED by _________ on the ________________________ to be his Codicil to Last Will, in our presence, at _________, California, 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) |
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________________________ | ________________________ |
Witness #1 Street Address | Witness #1 City/State |
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________________________ | ________________________ |
Witness #2 Signature | Witness #2 Name (Please Print) |
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________________________ | ________________________ |
Witness #2 Street Address | Witness #2 City/State |
County of ____________________
State of California
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. |
On this ________ day of ________________, ________, before me, ____________________ personally appeared: ___________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that she/he/they executed the same in her/his/their authorized capacities, and that by her/his/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
________________________________
Notary Public
________________________________
(print name)
Instructions For Executing Your Codicil
Before signing your Codicil, ensure you have read it and understand your document, and that the document printed with all required information.
Your Signature:
To properly execute your Codicil, you will have to be present with your chosen witnesses. You will have to identify to them that this document is your Codicil to Last Will and Testament. You will then initial each page of the document at the bottom of the page, below all the text, except the signing page of your Codicil, which requires your full signature. To be valid, you must sign the final page with your usual check-signing signature. No text should appear on the last page after your signature – other than the witness signing area. Signing and initialing of the pages must occur in the presence of your witnesses.
Witness Signatures:
While most states only require two witnesses, three witnesses are required in Vermont. After you have signed and initialed your document in front of witnesses, your witnesses must acknowledge that they are witnessing your Codicil and then must initial each of the preceding pages beside where you initialed and then sign and fill out the required information on the signing page of the Codicil. This must occur in your presence. You should then instruct your witnesses that they may have to appear before a court to verify that this process was completed and that you were of age and sound mind at the time.
When you and your witnesses initial the bottom of each page make sure to initial below all of the text of the document – no text should appear on the page after the initials. Why is it a good idea to initial each page? Initialing each page will help to ensure that a page will not be improperly inserted or replaced some time later.
Remember: Your witnesses should be competent adults who are not receiving anything under your Codicil, and are not the spouses of individuals receiving anything under your Codicil.
Louisiana: Louisiana has special requirements for executing a Last Will or Codicil. In Louisiana you must sign in the presence of a notary and two witnesses. The testator must sign at the end and on each other separate page. Then, in the presence of the testator and each other, the notary and the witnesses must sign a declaration stating that the Last Will or Codicil was executed properly.
Storing your Last Will:
Store your Will and Codicils in a safe place where your executor or personal representative will be able to locate it. You can make photocopies, but the original, signed and witnessed, will have to be produced before probate occurs. If you have older Wills they should be destroyed.
Marriage:
If you marry you should make a new Will. In most jurisdictions, Wills made prior to marriage become invalid on marriage. When other relevant changes occur in your life, you should review your Will to see if it still reflects your wishes and is valid. If not, you should make a new one.
Instructions for Using Your Self-proving Codicil Affidavit
Probating a Codicil is less expensive if the witnesses do not have to testify in court. Most states will accept an Affidavit signed by witnesses and a notary in place of testimony in court. Where applicable, a self-proving Affidavit has been included with your document. By having the witnesses to your Codicil appear with you before a Notary Public and sign this Affidavit under oath, you can waive the requirement for one or more of your witnesses to appear in court to acknowledge the proper execution of your Codicil. This can be done at the same time as signing your Codicil or at any later date. The affidavit included is state specific but your Notary may prefer to use his own forms. Once the Affidavit has been completed and sealed by the Notary, you can staple it to your Codicil. This is an entirely optional procedure. If you believe you will be creating a new Will in the foreseeable future, it may not be worth the effort to make this Codicil self proving. Whether or not you use the Affidavit does not affect the validity of your Codicil.