Codicil to Last Will & Testament - Alaska

CODICIL TO LAST WILL AND TESTAMENT

of
[TESTATOR'S FULL LEGAL NAME]

TABLE OF CONTENTS

1. Document Header & Number of This Codicil
2. Identification of the Will Being Amended
3. Declaration; Will Remains in Force Except as Modified
4. Amending Provisions
5. Confirmation of Will
6. Execution Block (AS 13.12.502)
7. Self-Proving Affidavit (AS 13.12.504)

1. DOCUMENT HEADER & NUMBER OF THIS CODICIL

1.1 Effective Date. This Codicil to my Last Will and Testament (this "Codicil") is made on [DATE] (the "Effective Date").

1.2 Testator Identification. I, [TESTATOR'S FULL LEGAL NAME], residing at [PHYSICAL ADDRESS], being of legal age, of sound mind, and acting voluntarily and free from undue influence, declare this instrument to be a Codicil to my Last Will and Testament.

1.3 Number of This Codicil. This is the:

☐ First Codicil
☐ Second Codicil
☐ Third Codicil
☐ [____] Codicil

to the Will identified in Section 2.

1.4 Governing Law. This Codicil is made pursuant to, and shall be governed by, the probate laws of the State of Alaska.

2. IDENTIFICATION OF THE WILL BEING AMENDED

2.1 Underlying Will. I refer to my Last Will and Testament dated [__/__/____] (the "Will").

2.2 Prior Codicils.

☐ None. This is the first amendment to the Will.

☐ The Will has previously been amended by the following codicil(s), which remain in effect except as further modified by this Codicil:

3. DECLARATION; WILL REMAINS IN FORCE EXCEPT AS MODIFIED

3.1 No Complete Revocation. I do not revoke my Will as a whole. Except as expressly amended by this Codicil (and by any prior codicil that remains in effect), I confirm and ratify my Will and direct that it remain in full force and effect.

3.2 Conflict. To the extent any provision of this Codicil conflicts with a provision of my Will or any prior codicil, the provisions of this Codicil control.

3.3 Defined Terms. Capitalized terms used but not defined in this Codicil have the meanings given to them in my Will.

4. AMENDING PROVISIONS

4.1 Change Type — Revoke a Provision

☐ REVOKE a specific Section or bequest. I hereby revoke, in its entirety, the following provision of my Will:

Section: [____________________________]

Description of the gift, bequest, or provision being revoked: [________________________________]

The property or interest formerly disposed of by the revoked provision shall ☐ pass under the Residue clause of my Will / ☐ be disposed of as provided in Section 4.2 below.

4.2 Change Type — Add a New Bequest

☐ ADD a new bequest. I add the following gift to my Will, to take effect as though originally included therein:

I give [ITEM / DOLLAR AMOUNT] to [BENEFICIARY FULL NAME], of [BENEFICIARY ADDRESS], relationship: [____________].

If this beneficiary does not survive me, this gift shall ☐ pass into the Residue of my Estate / ☐ pass to [CONTINGENT BENEFICIARY NAME], per stirpes.

4.3 Change Type — Amend or Replace a Provision

☐ AMEND / REPLACE a Section. I delete the following provision of my Will and replace it in its entirety:

Section being replaced: [____________________________]

Replacement provision: [________________________________]

Common Substitutions

☐ New Personal Representative. I revoke the appointment of the Personal Representative named in my Will and instead nominate [NEW PERSONAL REPRESENTATIVE NAME] of [CITY, STATE]. If that nominee is unable or unwilling to serve, I nominate [ALTERNATE NAME] of [CITY, STATE]. Any bond requirement is governed by applicable Alaska law and court order.

☐ New Testamentary Guardian of Minor Children. I revoke the guardian appointment in my Will and instead appoint [NEW GUARDIAN NAME] of [ADDRESS] as guardian of each unmarried minor child for whom I may make an appointment under AS 13.26.121, with [ALTERNATE GUARDIAN NAME] as alternate. Effectiveness, acceptance, priority, and any objection by a minor age 14 or older remain governed by AS 13.26.121-.126; this clause does not itself appoint a conservator for property.

☐ New Trustee / Beneficiary. I revoke the designation of [ROLE: trustee / beneficiary] named in [Section ____] of my Will and instead designate [NEW TRUSTEE OR BENEFICIARY NAME] of [ADDRESS].

☐ Other Amendment. [________________________________]

5. CONFIRMATION OF WILL

5.1 Confirmation. I confirm my Will except to the extent it is changed by this Codicil or a prior codicil that remains effective. This Codicil and the Will are to be read together. Any question about the effect of this Codicil on a revoked provision or instrument is governed by AS 13.12.507 and AS 13.12.509 and should be reviewed by Alaska probate counsel.

6. EXECUTION BLOCK

(AS 13.12.502)

IN WITNESS WHEREOF, I have signed this Codicil on the Effective Date set forth above, declaring it to be a Codicil to my Last Will and Testament.

_________________________________
[TESTATOR'S FULL LEGAL NAME], Testator

ATTESTATION CLAUSE

We, the undersigned witnesses, declare that each of us signed this instrument within a reasonable time after witnessing either the Testator's signing or the Testator's acknowledgment of the signature or this Codicil. To the best of our knowledge, the Testator is eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.

1. __________________________________
   [WITNESS #1 NAME]
   Address: ___________________________

2. __________________________________
   [WITNESS #2 NAME]
   Address: ___________________________

7. SELF-PROVING AFFIDAVIT

(AS 13.12.504 • State of Alaska • Judicial District of __________)

I, [TESTATOR'S FULL LEGAL NAME], the Testator, sign my name to this instrument this ____ day of __________, 20__, and, being first duly sworn, declare to the undersigned authority that I sign and execute this instrument as my Codicil, that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes expressed in this Codicil, and that I am eighteen years of age or older, of sound mind, and under no constraint or undue influence.

We, [WITNESS #1 NAME] and [WITNESS #2 NAME], the Witnesses, sign our names to this instrument, being first duly sworn, and declare to the undersigned authority that the Testator signs and executes this instrument as the Testator's Codicil and signs it willingly (or willingly directs another to sign for the Testator), that each of us, in the presence and hearing of the Testator, signs this Codicil as witness to the Testator's signing, and that to the best of our knowledge the Testator is eighteen years of age or older, of sound mind, and under no constraint or undue influence.

Subscribed, sworn to, and acknowledged before me by [TESTATOR'S FULL LEGAL NAME], the Testator, and subscribed and sworn to before me by [WITNESS #1 NAME] and [WITNESS #2 NAME], witnesses, this ____ day of __________, 20__.

(SEAL)

Sources and References

• Alaska Legislature — AS 13.06.050 ("will" includes a codicil)
• Alaska Legislature — AS 13.12.501 (capacity to make a will)
• Alaska Legislature — AS 13.12.502–.509 (execution, self-proof, revocation, and revival)
• Alaska Legislature — AS 13.26.121–.126 (testamentary minor-guardian appointment and objection)
• Alaska Court System — Probate Glossary (codicil)