Codicil to Last Will & Testament - Arizona

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. Effect on the Existing 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 Execution Date. [__/__/____] (the "Execution 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 Governing Law. Arizona law governs this Codicil.

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 Limited Amendment. I intend this Codicil to supplement my Will, except for the specific provisions changed below. I do not intend to replace my Will in its entirety. Provisions of my Will and any prior codicil that remain consistent with this Codicil remain operative.

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]. If that person 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 any minor child of mine, with [ALTERNATE GUARDIAN NAME] as successor guardian.

☐ New Testamentary 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. EFFECT ON THE EXISTING WILL

5.1 Supplement. I intend this Codicil to change only the provisions identified above. I direct that my Will and any prior codicils remain in effect to the extent consistent with this Codicil. This Codicil does not, by itself, revive any provision that I previously revoked; revival is governed by A.R.S. § 14-2509.

VI. EXECUTION BLOCK

(A.R.S. § 14-2502)

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

TESTATOR

________________________________________
[TESTATOR NAME], Testator

☐ If signed by another at the Testator's direction in the Testator's conscious presence: [SIGNER NAME], signing for [TESTATOR NAME] at the Testator's direction: ________________________________

ATTESTATION CLAUSE

We, the undersigned, each witnessed the Testator sign this Codicil or acknowledge the Testator's signature or the Codicil. Each of us signs within a reasonable time after witnessing that act. To the best of our knowledge, the Testator is eighteen (18) years of age or older, of sound mind, and not acting under constraint or undue influence.

VII. SELF-PROVING AFFIDAVIT

(A.R.S. § 14-2504)

State of Arizona )
County of __________)

Before me, the undersigned officer authorized to administer oaths, personally appeared [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], who, being duly sworn, declared:

1. I, the Testator, acknowledge this Codicil and declare that I willingly signed it, or willingly directed another to sign it for me, as my free and voluntary act. I am at least eighteen years old, of sound mind, and under no constraint or undue influence.
2. We, the witnesses, declare that the Testator willingly signed this Codicil or directed another to sign it. Each of us signed as a witness in the presence and hearing of the Testator. To the best of our knowledge, the Testator was at least eighteen years old, 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 witnessing the Testator's signature or acknowledgment of the signature or will. A.R.S. § 14-2502(A).
• Self-Proving Option: The Testator's acknowledgment and the witnesses' sworn affidavits before an authorized officer, evidenced by the officer's certificate and seal, under A.R.S. § 14-2504.
• 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
• A.R.S. § 14-2501 — Who may make a will
• A.R.S. § 14-2509 — Revival of revoked will