Codicil to Last Will & Testament

CODICIL TO LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

I. IDENTIFICATION AND DECLARATION

1.1 Testator. I, [TESTATOR FULL LEGAL NAME], presently residing at [STREET ADDRESS, COUNTY, STATE OF DELAWARE], being eighteen (18) years of age or older, of sound and disposing mind and memory, and under no duress or 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), 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 Delaware 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 Residue 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 & Relationship], of [Address], if such beneficiary survives me by thirty (30) days; otherwise this bequest shall ☐ lapse and pass under the Residue clause ☐ pass to [Alternate Beneficiary Name], per stirpes.

3.3 AMEND or REPLACE an Article

☐ New Personal Representative (Executor). I revoke the appointment 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 [Successor Name] as Successor Personal Representative. No bond shall be required unless a Delaware probate court expressly orders otherwise.

☐ 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 and property of my minor child/children, with [Successor Guardian Name] as successor.

☐ 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. REPUBLICATION

4.1 Republication. By executing this Codicil, I republish and re-execute the Will, as amended by this Codicil and by any prior codicil identified in Section 1.3, as of the date of this Codicil. The Will shall be read and construed as though originally executed in its amended form on the date of this Codicil.

4.2 Integration. The Will, any prior codicil identified in Section 1.3, and this Codicil together constitute my entire Will.

V. EXECUTION & ATTESTATION CLAUSE

IN WITNESS WHEREOF, I, [TESTATOR FULL LEGAL NAME], have signed this [First / Second / __________] Codicil on this [____] day of [____________], [____], at [CITY, DELAWARE], declaring to the undersigned witnesses that this instrument is a Codicil to my Last Will and Testament.

 
_______________________________
[TESTATOR FULL LEGAL NAME], Testator

ATTESTATION BY WITNESSES

We, [WITNESS #1 NAME] and [WITNESS #2 NAME], whose signatures appear below, declare under penalty of perjury that on the date above:

1. The Testator declared the foregoing document to be a Codicil to the Testator's Last Will and Testament and requested us to act as witnesses.
2. The Testator, who appeared to us to be of sound mind and at least eighteen (18) years of age, signed the Codicil (or acknowledged a previously made signature) in our presence.
3. We each signed this Codicil in the presence of the Testator and of each other.

 
Witness #1 Signature: __________________________
Printed Name: __________________________________
Address: _______________________________________

Witness #2 Signature: __________________________
Printed Name: __________________________________
Address: _______________________________________

VI. SELF-PROVING AFFIDAVIT

(Delaware — 12 Del. C. § 1305)

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

Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], all known to me (or satisfactorily proven) to be the persons whose names are subscribed to the foregoing instrument. Being duly sworn, each declared to me under oath that:

1. The Testator executed the instrument as a Codicil to the Testator's Last Will and Testament and signed it willingly (or willingly directed another to sign for the Testator).
2. The Testator was at least eighteen (18) years of age and of sound mind, and executed the Codicil freely and voluntarily as the Testator's free and voluntary act for the purposes expressed in it.
3. Each witness, in the presence of the Testator and of each other, signed the Codicil as witness.
4. To the best of the witnesses' knowledge, the Testator was, at the time of execution, of sound mind and under no constraint or undue influence.

__________________________________ Testator
__________________________________ Witness #1
__________________________________ Witness #2

Subscribed, sworn to, and acknowledged before me by the Testator and the two witnesses on this [____] day of [____________], [____].

 
_______________________________
Notary Public / Officer for the State of Delaware
My Commission Expires: _______________
(Official Seal)

SOURCES AND REFERENCES

• 12 Del. C. § 202 — Requisites and execution of will (Justia 2024)
• 12 Del. C. § 1305 — Self-proved will (Justia 2025)
• Delaware Code Online — Title 12, Chapter 13 (Probate of Wills)
• Delaware Code Online — Title 12 (Decedents' Estates and Fiduciary Relations)