Codicil to Last Will & Testament - Alabama

CODICIL TO LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

TABLE OF CONTENTS

1. Article I – Identification & Number of This Codicil
2. Article II – Identification of the Will Being Amended
3. Article III – Declaration; Will Remains in Force Except as Modified
4. Article IV – Amending Provisions
5. Execution & Attestation (Ala. Code § 43-8-131)
6. Self-Proving Affidavit (Ala. Code § 43-8-132)

ARTICLE I

IDENTIFICATION & NUMBER OF THIS CODICIL

1.1 Identification. I, [TESTATOR FULL LEGAL NAME], a resident of [CITY], [COUNTY] County, Alabama, being of sound mind and disposing memory and under no constraint or undue influence, declare this instrument to be a Codicil to my Last Will and Testament.

1.2 Number of This Codicil. This is the:

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

to my Last Will and Testament identified in Article II.

ARTICLE II

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. The Will has previously been amended by the following codicil(s):

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

☐ The following prior codicil(s), which remain in effect except as further modified by this Codicil:

ARTICLE III

DECLARATION; WILL REMAINS IN FORCE EXCEPT AS MODIFIED

3.1 Limited amendment. I amend only the provisions identified below. Except as expressly amended by this Codicil or a prior codicil that remains effective, I confirm the provisions of my Will.

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 shall control.

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

ARTICLE IV

AMENDING PROVISIONS

4.1 Change Type — Revoke a Provision

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

Article/Section: [____________________________]

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

I direct that the property or interest formerly described in that provision instead be disposed of as follows: [COMPLETE REPLACEMENT DISPOSITION OR IDENTIFY THE SPECIFIC UNCHANGED WILL PROVISION THAT GOVERNS].

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 [DESCRIPTION OF PROPERTY OR DOLLAR AMOUNT] to [BENEFICIARY FULL NAME], of [BENEFICIARY ADDRESS], relationship: [____________].

If I want a different recipient if this beneficiary does not survive me, I direct that the gift pass instead to [CONTINGENT BENEFICIARY NAME AND COMPLETE CONDITIONS, OR DELETE THIS SENTENCE].

4.3 Change Type — Amend or Replace a Provision

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

Article/Section being replaced: [____________________________]

The replacement provision shall read as follows: [________________________________]

Common Substitutions

☐ New Personal Representative (Executor). I revoke the appointment of the Personal Representative named in my Will and instead nominate [NEW PERSONAL REPRESENTATIVE NAME], of [ADDRESS], as Personal Representative. If that person is unable or unwilling to serve, I nominate [ALTERNATE NAME].

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

☐ Other Amendment. [________________________________]

EXECUTION & ATTESTATION

(Ala. Code § 43-8-131)

IN WITNESS WHEREOF, I, [TESTATOR FULL LEGAL NAME], sign, publish, and declare this instrument to be a Codicil to my Last Will and Testament, on this ___ day of __________, 20___, in [CITY], Alabama.

_______________________________________
[TESTATOR FULL LEGAL NAME], Testator

ATTESTATION OF WITNESSES

We, the undersigned witnesses, affirm that on the date set forth above:

1. The Testator declared to us that the foregoing instrument is a Codicil to his/her Last Will and Testament.
2. The Testator signed or acknowledged this Codicil in our presence.
3. Each of us, in the Testator's presence, signed below as a witness after witnessing the Testator's signature or acknowledgment of this Codicil.
4. 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.

SELF-PROVING AFFIDAVIT

(Ala. Code § 43-8-132)

STATE OF ALABAMA )
COUNTY OF [COUNTY] )

Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], known to me to be the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, and all of these persons being by me duly sworn, the Testator declared to me and to the witnesses in my presence that the instrument is a Codicil to the Testator's Last Will and Testament and that the Testator had willingly signed or directed another to sign for the Testator, and that the Testator executed the Codicil as a free and voluntary act for the purposes therein expressed; and each of the witnesses, in the presence and hearing of the Testator, signed the Codicil as witness and swears that the Testator was eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.

_______________________________________
[TESTATOR NAME], Testator

_______________________________________
[WITNESS #1 NAME], Witness

_______________________________________
[WITNESS #2 NAME], Witness

Subscribed, sworn to, and acknowledged before me by the Testator, and subscribed and sworn to before me by the witnesses, on this ___ day of __________, 20___.

_______________________________________
Notary Public, State of Alabama
My commission expires: _______________

(SEAL)

Sources and References

• Alabama Legislature, Code of Alabama — Ala. Code §§ 43-8-1(34), 43-8-130, 43-8-131, 43-8-132, and 43-8-136.