Codicil to Last Will & Testament

CODICIL TO LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

TABLE OF CONTENTS

I. Document Header & Number of This Codicil
II. Identification of the Will Being Amended
III. Declaration; Will Remains in Force Except as Modified
IV. Amending Provisions
V. Republication of Will
VI. Execution Block (A.R.S. § 14-2502)
VII. Self-Proving Affidavit (A.R.S. § 14-2504)

I. DOCUMENT HEADER & NUMBER OF THIS CODICIL

1.1 Title. Codicil to the Last Will and Testament of [TESTATOR NAME] (this "Codicil").

1.2 Effective Date. [DATE OF EXECUTION] (the "Effective Date").

1.3 Testator. I, [TESTATOR FULL LEGAL NAME], an individual domiciled in [COUNTY], Arizona, being of sound mind and at least eighteen (18) years of age and under no duress or undue influence, declare this instrument to be a Codicil to my Last Will and Testament.

1.4 Number of This Codicil. This is the:

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

to the Will identified in Article II.

1.5 Jurisdiction. This Codicil is governed by and construed in accordance with the laws of the State of Arizona, including the Arizona Uniform Probate Code, A.R.S. § 14-1101 et seq.

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.

☐ 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:

III. 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.

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: [________________________________]

The property or interest formerly disposed of by the revoked provision shall ☐ pass under the Residuary 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 PROPERTY OR DOLLAR AMOUNT] to [BENEFICIARY FULL NAME], of [BENEFICIARY ADDRESS], relationship: [____________], provided such beneficiary survives me by thirty (30) days.

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

4.3 Change Type — Amend or Replace a Provision

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

Article/Section being replaced: [____________________________]

Replacement provision: [________________________________]

Common Substitutions

☐ New Personal Representative. I revoke the nomination of the Personal Representative named in my Will and instead nominate [NEW PERSONAL REPRESENTATIVE NAME] of [ADDRESS], with the powers granted under A.R.S. §§ 14-3709 and 14-3715. If he or she is unable or unwilling to serve, I nominate [ALTERNATE NAME].

☐ 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 successor guardian.

☐ 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. [________________________________]

V. REPUBLICATION OF WILL

5.1 Republication. By executing this Codicil with the formalities required for a will under A.R.S. § 14-2502, 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.

VI. EXECUTION BLOCK

(A.R.S. § 14-2502)

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

TESTATOR

________________________________________
[TESTATOR NAME], Testator

ATTESTATION CLAUSE

We, the undersigned, witnessed the signing of this Codicil by the Testator, who declared it to be a Codicil to the Testator's Last Will and Testament, and we, in the Testator's presence and at the Testator's request, and in the presence of each other, sign our names as witnesses. We further affirm that the Testator is eighteen (18) years of age or older, of sound mind, and not acting under duress, fraud, or undue influence.

VII. SELF-PROVING AFFIDAVIT

(A.R.S. § 14-2504)

State of Arizona )
County of __________)

Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], all of whom being duly sworn, deposed and said:

1. The Testator declared to us that the foregoing instrument is a Codicil to the Testator's Last Will and Testament and that the Testator willingly signed it, or willingly directed another to sign for the Testator, and executed it as the Testator's free and voluntary act for the purposes expressed in the Codicil.
2. Each witness states that the witness was present and saw the Testator execute the Codicil, that each signed the Codicil as witness in the presence and hearing of the Testator and in the presence of each other, and that to the best of the witness's knowledge the Testator was at that time 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 [TESTATOR NAME], the Testator, and subscribed and sworn to before me by [WITNESS #1 NAME] and [WITNESS #2 NAME], witnesses, this ___ day of __________, 20__.

________________________________________
Notary Public in and for the State of Arizona
Commission Expires: _______________

(SEAL)

STATUTORY EXECUTION CHECKLIST (AZ)

• Writing: Required — the Codicil must be in writing.
• Signature by Testator or by another at the Testator's direction in the Testator's conscious presence — Article VI.
• Witnesses: At least two, each signing within a reasonable time after observing the Testator's signing or acknowledgment. A.R.S. § 14-2502.
• Self-Proving Option: Notary acknowledgment of the Testator and both witnesses per A.R.S. § 14-2504 (above).
• Custody: Store the executed Codicil with the original Will and inform the Personal Representative of its location.

Sources and References

• A.R.S. § 14-1201 — Definitions ("will" includes codicil)
• A.R.S. § 14-2502 — Execution of paper wills; witnessed wills; holographic wills; testamentary intent
• A.R.S. § 14-2504 — Self-proved wills; sample form; signature requirements
• A.R.S. § 14-2507 — Revocation by writing or by act