Codicil to Last Will & Testament - Colorado

CODICIL TO LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

I. IDENTIFICATION AND DECLARATION

1.1 Testator. I, [TESTATOR FULL LEGAL NAME], presently domiciled in [County] County, Colorado, being of sound mind and disposing memory and acting free of duress, menace, fraud, and undue influence, declare this instrument to be the [First / Second / Third / __________] Codicil to my Last Will and Testament (this "Codicil").

1.2 Existing Will. I made and executed my Last Will and Testament dated [__/__/____] (the "Will").

1.3 Prior Codicils. ☐ I have made no prior codicil to the Will. ☐ I have previously made the following codicil(s) to the Will, all of which remain in effect except as expressly changed below: [List each prior codicil by ordinal and execution date, or "None."]

1.4 Purpose. I make this Codicil to add to, delete from, and/or modify specific provisions of the Will. Except as expressly amended by this Codicil, I ratify, confirm, and republish the Will in all respects.

1.5 Governing Law. This Codicil shall be governed by the laws of the State of Colorado relating to wills and decedents' estates.

II. CONTINUING EFFECT OF THE WILL

2.1 Will Remains in Force. The Will, as previously executed and as amended by any prior codicil identified in Section 1.3, remains in full force and effect except as specifically modified by this Codicil.

2.2 No General Revocation. This Codicil does not revoke the Will in its entirety. It revokes only those specific provisions expressly identified below, and only to the extent stated.

2.3 Conflict. If any provision of this Codicil conflicts with the Will or any prior codicil, the provisions of this Codicil control.

III. AMENDING PROVISIONS

3.1 REVOKE a Specific Article, Section, or Bequest

☐ I revoke in its entirety [Article / Section ____ ] of the Will, captioned [________________________________], and any disposition made therein.

☐ I revoke the specific bequest of [describe property / dollar amount] to [Beneficiary Name] made in [Article / Section ____ ] of the Will. That property shall instead pass under the residuary provisions of the Will.

3.2 ADD a New Bequest

☐ I add the following bequest to the Will:

I give [describe property / $[Dollar Amount] / specific tangible item] to [Beneficiary Full Name], of [Address], if such beneficiary survives me by thirty (30) days; otherwise this bequest shall ☐ pass under the residuary clause of the Will, subject to applicable law ☐ pass to [Alternate Beneficiary Name] if that person survives me by thirty (30) days.

3.3 AMEND or REPLACE an Article

☐ New Personal Representative (Executor). I revoke the nomination of personal representative in [Article / Section ____ ] of the Will and substitute the following: I nominate [New Personal Representative Name], of [Address], as my Personal Representative, and [Alternate Name] as successor. I request that no bond be required, subject to applicable law and court order.

☐ New Guardian. I revoke the nomination of guardian in [Article / Section ____ ] of the Will and nominate [New Guardian Name], of [Address], as guardian of the person of my minor child/children, with [Alternate Guardian Name] as alternate.

☐ New Trustee / Trust Beneficiary. I amend [Article / Section ____ ] of the Will to provide: [State the replacement trustee, beneficiary, distribution standard, or other amended trust term.]

☐ Other Amendment. I amend [Article / Section ____ ] of the Will to read in its entirety as follows: [________________________________].

IV. CONFIRMATION

4.1 Confirmation. I confirm the Will and any prior codicil identified in Section 1.3, except to the extent changed by this Codicil. I intend this Codicil to supplement, not replace, the Will.

4.2 Integration. The Will, any prior codicil identified in Section 1.3, and this Codicil together constitute my entire will within the meaning of C.R.S. § 15-10-201.

V. EXECUTION

IN WITNESS WHEREOF, I, [TESTATOR FULL LEGAL NAME], subscribe my name to this [First / Second / __________] Codicil on this [Day] day of [Month], [Year], at [City], Colorado, declaring to the undersigned witnesses that this instrument is a Codicil to my Last Will and Testament.

__________________________________
[TESTATOR SIGNATURE]
[TESTATOR PRINTED NAME], Testator

VI. ATTESTATION CLAUSE

We, the undersigned witnesses, declare under penalty of perjury that on the date written above the Testator, in our presence, signed (or acknowledged the Testator's signature on) the foregoing instrument and declared it to be a Codicil to the Testator's Last Will and Testament. The Testator appeared to us to be eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. We, at the Testator's request and in the Testator's conscious presence, now subscribe our names as attesting witnesses.

VII. SELF-PROVING AFFIDAVIT

(Colorado — C.R.S. § 15-11-504)

STATE OF COLORADO )
) ss.
COUNTY OF [____________________] )

I, [TESTATOR NAME], the Testator, sign my name to this instrument this [____] day of [____________], [____], and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as a Codicil to my Last Will and Testament, that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes expressed in it, and that I am eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.

__________________________________
[TESTATOR SIGNATURE], Testator

We, [WITNESS #1 NAME] and [WITNESS #2 NAME], the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the Testator signs and executes this instrument as a Codicil to the Testator's Last Will and Testament and that the Testator signs it willingly (or willingly directs another to sign for the Testator), and that each of us, in the conscious presence of the Testator, hereby signs this Codicil as witness to the Testator's signing, and that 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.

__________________________________ Witness #1
__________________________________ Witness #2

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 [____________], [____].

__________________________________
Notary Public / Officer
My Commission Expires: _____________
(Official Seal)

SOURCES AND REFERENCES

• Colorado Revised Statutes, Title 15 — Probate, Trusts, and Fiduciaries