LEGALDOCS - Codicil
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This is an example of a completed Codicil.
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This Codicil allows a person to modify provisions in his or her will without drafting an entirely new will. For example, if a testator (one who makes his or her own will) wants to modify, revoke and/or add a provision to his or her will, this form can be used to accomplish such a task.
If you need to make more changes than we have provided you with on this Questionnaire, you may want to create a new will.You can access our Short Form Last Will and Testament or our Long Form Last Will and Testament to create a Last Will and Testament. This Codicil is not intended to revoke a will in its entirety.
To complete your Codicil to your Last Will and Testament, fill out the form below.
NOTE: The person who is signing this Codicil should sign and print his or her name exactly how it appears on his or her Last Will and Testament. For you convenience, you do not need to punctuate at the end of sentences in the following Questionnaire.
INFORMATION REGARDING THE LAST WILL AND TESTAMENT THAT YOU WANT TO MODIFY
When creating a Codicil, it is very important that you are specific regarding any changes that you want done to your Will by means of this Codicil. Be descriptive and, preferably, let some other person read your proposed changes to see if what you write accurately conveys how you want your modified Will to read.
A Codicil can include a section which explains why you are making the change (generally called a "Recital"). The Recital is not necessary to make the Codicil valid, but it can explain the reason the Codicil was made. If the Testator explains the reason in a clear and concise manner, the Codicil will be more understandable to a judge or others who are trying to decipher the intent of the Testator, after the Testator has died.
Here are some common examples of Recitals:
Example 1: Following the writing of my Will, my husband has passed away; and on that basis, I am making a redistribution of my gifts, as shown below.
Example 2: Since the writing of my Will, the financial circumstances of my heirs have changed; and on that basis, I am going to change the gift distribution to the heirs named in my Will.
Example 3: For the past three years, my good friend, Jane Doe has taken care of me - both physically and spiritually; and by this Codicil, I want to give her a portion of my estate in recognition of her service and devotion to me.
Changes to the Last Will and Testament:
Here are some common examples of the wording used to make changes to a Will. Make your changes easy to read and understand by using simple words and short sentences. It is not you who needs to understand what you are trying to do, but potential strangers who will not be able to question you anymore regarding your intent.
Because there are many reasons for writing a Codicil, the below examples are given merely to illustrate the style of writing which may be used.
My Last Will & Testament will be modified as follows:
Example 1: Section 5. of my Will, dealing with the executor, shall be modified to replace the named executor, JOHN MONDAE with the name of my friend, STUART ANDRUP. The name of the alternate executor shall remain the same;
(OR)Example 2: Section 4. of my Will, dealing with the distribution of my assets following my death, shall be modified to remove the name SALLY GOODING, who shall take nothing under my Will. I further direct that my granddaughter, JOAN BESS shall be entitled to receive the sum of $50,000 out of my estate;
(OR)Example 3: Section 3. of my Will, which states that at my death my residence shall go to my spouse, shall be changed to state that at my death, my residence shall be sold, and the proceeds thereof shall be distributed to the residual beneficiaries of my Will;
(OR)Example 4: My son, JAMES NOBLE who is listed as a beneficiary of one-half of my estate, is hereby expressly disinherited by me from receiving any portion of my estate, and by this directive shall receive nothing from my estate, his portion to be distributed among the remaining residual beneficiaries as set forth in my Will; and
(OR)Example 5: That portion of my Will which states that my son, JAMES NOBLE is disinherited as a recipient of my estate is hereby revoked in its entirety, and my son, JAMES NOBLE shall hereby be entitled to his share of my estate which is shown as being distributed equally to my children.
How do you want to modify your Will? Complete the following sentence below.
My Last Will & Testament will be modified as follows:
(When writing your changes, do not use the character " a double quote, because this character will cause entries made after the " to be dropped in the final, completed document.)
Note: If you want to make more than three modifications to your Will, we suggest that you write a new Will instead.
INFORMATION REGARDING THE SIGNING OF THIS CODICIL
This completes the information input for your Codicil. When you Send this Form, this program will prepare a Summary of the Codicil for your review. Make sure that all facts stated in the Summary are correct in all respects.
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