Codicil to Last Will & Testament - Delaware

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 changed by this Codicil, I confirm the Will and any prior codicils identified above.

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. I intend this Codicil to change only the provisions identified below and any prior provision irreconcilably inconsistent with those changes.

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.

☐ 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. RELATION TO EXISTING WILL

This Codicil identifies the particular Will and prior codicils it changes. All terms not changed by this Codicil remain as stated in those instruments.

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 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 officer, personally appeared [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], known to me to be the Testator and witnesses whose names are signed to the attached or foregoing instrument. All being first duly sworn, the Testator declared to me and to the witnesses in my presence that the instrument is the Testator's Codicil to the Testator's Last Will, that the Testator willingly signed it or willingly directed another to sign for the Testator, and that the Testator executed it as a free and voluntary act for the purposes expressed in it. Each witness stated to me, in the presence and hearing of the Testator, that the witness signed the Codicil as a witness and that, to the best of the witness's knowledge, the Testator was eighteen years of age or older, of sound mind, and under no constraint or undue influence.

__________________________________ Testator
__________________________________ Witness #1
__________________________________ Witness #2

Subscribed, sworn, and acknowledged before me by [TESTATOR NAME], the Testator, and subscribed and sworn before me by [WITNESS #1 NAME] and [WITNESS #2 NAME], this [____] day of [____________], [____].

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

SOURCES AND REFERENCES

• 12 Del. C. §§ 201-202 — Capacity and execution
• 12 Del. C. §§ 1305 and 1310 — Self-proof and formal testacy
• Delaware Code Online — Title 12, Chapter 13 (Probate of Wills)
• Delaware Code Online — Title 12 (Decedents' Estates and Fiduciary Relations)