Codicil to Last Will & Testament

CODICIL TO LAST WILL AND TESTAMENT

OF [TESTATOR FULL LEGAL NAME]

(Arkansas – Domicile County: [COUNTY], Effective Date: [EFFECTIVE DATE])

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. Republication of Will
6. Execution & Attestation Clause (Ark. Code Ann. § 28-25-103)
7. Self-Proving Affidavit (Ark. Code Ann. § 28-25-106)

1. DOCUMENT HEADER & NUMBER OF THIS CODICIL

1.1 Testator. I, [TESTATOR FULL LEGAL NAME], presently residing at [ADDRESS, COUNTY, STATE OF ARKANSAS], being of sound mind and over the age of eighteen (18) years and under no 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 the Will identified in Section 2.

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 Revocation. I do not revoke my Will. Except as expressly amended by this Codicil (and by any prior codicil that remains in effect), I republish, confirm, and ratify my Will in all respects 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 Residuary Estate 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 [DESCRIPTION OF ITEM / SUM] to [BENEFICIARY NAME & RELATIONSHIP], of [BENEFICIARY ADDRESS].

If this beneficiary fails to survive me, this gift shall ☐ lapse into my Residuary 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 (Executor). I revoke the appointment of the Personal Representative named in my Will and instead nominate [NEW PERSONAL REPRESENTATIVE NAME] of [ADDRESS]. If he or she is unable or unwilling to serve, I nominate [ALTERNATE NAME]. No bond shall be required unless the Probate Court so orders for good cause.

☐ New Guardian of Minor Children. I revoke the nomination of guardian in my Will and instead nominate [NEW GUARDIAN NAME] of [ADDRESS] as Guardian of the person and estate of any minor child of mine, with [ALTERNATE GUARDIAN NAME] as alternate.

☐ 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. REPUBLICATION OF WILL

5.1 Republication. By executing this Codicil with the formalities required for a will under Ark. Code Ann. § 28-25-103, I republish my Will as of the Effective Date of this Codicil, and my Will, as amended by this Codicil and by any prior codicil that remains in effect, shall be read and construed as a single, integrated testamentary plan speaking as of the date of this Codicil.

6. EXECUTION & ATTESTATION CLAUSE

(Ark. Code Ann. § 28-25-103)

IN WITNESS WHEREOF, I, [TESTATOR NAME], the Testator, sign my name to this Codicil at the end hereof on [DATE], at [CITY, ARKANSAS], declaring this instrument to be a Codicil to my Last Will and Testament, and do so in the presence of the undersigned witnesses, each of whom I have requested to sign this Codicil as witness hereto.

______________________________
[TESTATOR NAME], Testator

Witness Attestation

We, the undersigned witnesses, declare that, in the presence of the Testator and at the Testator's request, the Testator signed and declared this instrument to be a Codicil to the Testator's Last Will and Testament, and we now sign below as witnesses in the presence of the Testator, affirming that the Testator appeared to us to be of sound mind, eighteen (18) years of age or older, and free from undue influence.

1. __________________________
   [WITNESS 1 NAME]
   Address: [ADDRESS]

2. __________________________
   [WITNESS 2 NAME]
   Address: [ADDRESS]

7. SELF-PROVING AFFIDAVIT

(Ark. Code Ann. § 28-25-106)

STATE OF ARKANSAS )
) ss.
COUNTY OF _________ )

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 foregoing instrument, and, all being duly sworn, each declared to me that:

1. The Testator signed the instrument as a Codicil to his/her Last Will and Testament.
2. The witnesses witnessed the Testator's signing thereof or the Testator's acknowledgment of that signature.
3. Each witness signed the instrument as a witness at the request and in the presence of the Testator and in the presence of each other.
4. At the time of such execution, the Testator was eighteen (18) years of age or older, of sound mind, and under no undue influence.

________________________________
[TESTATOR NAME], Testator

________________________________
[WITNESS 1 NAME], Witness

________________________________
[WITNESS 2 NAME], Witness

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

________________________________
Notary Public Signature
My Commission Expires: __________

(SEAL)

Sources and References

• Ark. Code Ann. § 28-25-103 — Execution generally
• Ark. Code Ann. § 28-25-106 — Affidavit of attesting witness (self-proving)
• Ark. Code Ann. § 28-25-109 — Revocation of wills
• Ark. Code Ann. § 28-1-102 — Definitions