Codicil to Last Will & Testament - California

CODICIL TO LAST WILL AND TESTAMENT

of

[________________________________]

(California Codicil — Cal. Prob. Code §§ 88, 6110)

TABLE OF CONTENTS

1. Introductory Declarations & 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 and Attestation (§ 6110)
7. Witness Declaration Under Penalty of Perjury (§§ 8220-8221)

ARTICLE 1. INTRODUCTORY DECLARATIONS & NUMBER OF THIS CODICIL

I, [________________________________] ("Testator"), presently residing at [________________________________], City of [________________________________], County of [________________________________], State of California, declare that:

(a) I am at least eighteen (18) years of age;

(b) I am of sound and disposing mind and memory;

(c) I am under no duress, menace, fraud, or undue influence of any person; and

(d) I intend this instrument to be a Codicil to my Last Will and Testament, amending it as set forth below.

Number of This Codicil. This is the:

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

to the Will identified in Article 2.

This Codicil is executed on [__/__/____].

ARTICLE 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:

ARTICLE 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.

ARTICLE 4. AMENDING PROVISIONS

4.1 Change Type — Revoke a Provision

☐ REVOKE a specific Article, Section, or gift. 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 ☐ become part of my Residuary Estate / ☐ be disposed of as provided in Section 4.2 below.

4.2 Change Type — Add a New Gift

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

I give, devise, and bequeath [DESCRIPTION OF PROPERTY OR DOLLAR AMOUNT] to [BENEFICIARY FULL NAME], of [BENEFICIARY ADDRESS], relationship: [________________].

If this beneficiary does not survive me by the survivorship period stated in my Will, this gift shall ☐ become part of my Residuary Estate / ☐ pass to [CONTINGENT BENEFICIARY NAME], per stirpes.

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 (Executor). I revoke the nomination of the Personal Representative in my Will and instead nominate [NEW PERSONAL REPRESENTATIVE NAME], of [ADDRESS], to serve under the Independent Administration of Estates Act (Cal. Prob. Code §§ 10400 et seq.). If he or she is unable or unwilling to serve, I nominate [ALTERNATE NAME].

☐ New Guardian for Minor Children. I revoke the nomination of guardian in my Will and instead nominate [NEW GUARDIAN NAME], of [ADDRESS], as guardian of the ☐ person / ☐ estate / ☐ person and estate of my minor children, with [ALTERNATE GUARDIAN NAME] as alternate. I acknowledge that the court retains discretion to appoint a guardian in the child's best interests.

☐ 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].

☐ Updated Trust Reference (Pour-Over). I amend the trust identification in my Will to refer to the [________________________________] Trust, dated [__/__/____], as amended.

☐ Other Amendment. [________________________________]

ARTICLE 5. REPUBLICATION OF WILL

5.1 Republication

By executing this Codicil with the formalities required for a will under Cal. Prob. Code § 6110, I republish my Will as of the 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.

5.2 No Effect on Community Property Rights

Nothing in this Codicil shall be construed to affect any community property, quasi-community property, or other property rights that are not subject to testamentary disposition under California law.

ARTICLE 6. EXECUTION AND ATTESTATION

6.1 Testator Declaration and Signature

I, [________________________________], the Testator, declare to the undersigned witnesses that this instrument, consisting of [____] pages (including this page), is a Codicil to my Last Will and Testament. I sign this Codicil voluntarily, of my own free will, and I request that each of you serve as a witness to my signing.

I sign this Codicil on [__/__/____] at [________________________________] (city), County of [________________________________], State of California.

________________________________________
[________________________________], Testator

6.2 Witness Attestation

We, the undersigned, each being at least eighteen (18) years of age, declare that:

(a) The Testator signed this Codicil (or acknowledged the Testator's signature on this Codicil) in our joint presence, with both of us present at the same time;

(b) At the time of signing, the Testator declared to us that this instrument is a Codicil to the Testator's Last Will and Testament;

(c) The Testator appears to us to be of sound mind and memory and under no constraint, duress, fraud, or undue influence;

(d) We each sign this Codicil as witnesses at the Testator's request, in the Testator's presence, and in the presence of each other;

(e) We each understand that this instrument is a Codicil to the Testator's Will; and

(f) Neither of us is named as a beneficiary under this Codicil or the Will. (Under Cal. Prob. Code § 6112(c), if fewer than two other disinterested witnesses subscribe, a devise to an interested witness is presumed procured by duress, menace, fraud, or undue influence. If not rebutted, § 6112(d) limits that witness to no more than an intestate share. Use disinterested witnesses where possible.)

Witness No. 1:

Signature: ________________________________________

Printed Name: [________________________________]

Address: [________________________________]

City/State/ZIP: [________________________________]

Date: [__/__/____]

Witness No. 2:

Signature: ________________________________________

Printed Name: [________________________________]

Address: [________________________________]

City/State/ZIP: [________________________________]

Date: [__/__/____]

ARTICLE 7. WITNESS DECLARATION UNDER PENALTY OF PERJURY

7.1 Declaration

We, the Testator and the undersigned witnesses, declare under penalty of perjury under the laws of the State of California, pursuant to Cal. Code Civ. Proc. § 2015.5, that the foregoing is true and correct.

TESTATOR'S DECLARATION:

I, [________________________________], declare under penalty of perjury that I signed this Codicil as my free and voluntary act for the purposes expressed herein, that I am at least eighteen (18) years of age, of sound mind, and under no constraint, duress, or undue influence.

Signature: ________________________________________
Date: [__/__/____]

WITNESSES' DECLARATION:

Each of the undersigned declares under penalty of perjury under the laws of the State of California:

I witnessed the signing of this Codicil by the Testator (or the Testator's acknowledgment of the signature), with the other witness present at the same time. At the time of signing, the Testator declared to me that this instrument is a Codicil to the Testator's Will. The Testator appeared to me to be of sound mind, of legal age, and under no constraint, duress, fraud, or undue influence. I am at least eighteen (18) years of age. I signed this Codicil at the Testator's request, in the Testator's presence, and in the presence of the other witness.

Witness No. 1:

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Witness No. 2:

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

7.2 Optional Notarial Acknowledgment

State of California
County of [________________________________]

On [__/__/____] before me, [NAME AND TITLE OF NOTARIAL OFFICER], personally appeared [NAME(S) OF SIGNER(S) WHO APPEARED], who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ________________________________________
Notary Public, State of California

My Commission Expires: [__/__/____]

(Notary Seal)

END OF CODICIL TO LAST WILL AND TESTAMENT

Sources and References

• Cal. Prob. Code § 88 — Definition of "will" (includes codicil)
• Cal. Prob. Code § 6110 — Will execution requirements (writing, signature, two witnesses present at the same time)
• Cal. Prob. Code § 6111 — Holographic wills
• Cal. Prob. Code § 6120 — Revocation of will or part of a will
• Cal. Prob. Code §§ 8220-8221 — Proof of will by witness affidavit/declaration
• Cal. Code Civ. Proc. § 2015.5 — Declaration under penalty of perjury