Codicil to Last Will & Testament

[ORDINAL, e.g., FIRST] CODICIL

TO THE LAST WILL AND TESTAMENT

OF [TESTATOR FULL LEGAL NAME]

(Drafted for use in the State of Georgia)

ARTICLE I

IDENTIFICATION AND REFERENCE TO EXISTING WILL

1.1 Identification. I, [TESTATOR FULL LEGAL NAME], of [STREET ADDRESS, CITY/COUNTY, GEORGIA], being of sound mind and at least fourteen (14) years of age (O.C.G.A. § 53-4-10), and under no constraint or undue influence, declare this instrument to be a Codicil to my Last Will and Testament.

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

1.3 Prior Codicils. (Select one.)
☐ I have executed no prior codicil to the Will.
☐ I have previously executed the following codicil(s) to the Will, which remain in effect except as changed by this Codicil: [LIST PRIOR CODICILS BY DATE].

1.4 Codicil Number. This is the [ORDINAL — e.g., First, Second] Codicil to the Will.

ARTICLE II

CONFIRMATION OF WILL

2.1 Will Remains in Force. Except as expressly amended, modified, added to, or revoked by this Codicil, I hereby ratify, confirm, and republish the Will in all respects, and direct that the Will and this Codicil be read and construed together as one instrument.

2.2 No General Revocation. This Codicil does not revoke the Will. It amends only the specific provisions identified below.

ARTICLE III

AMENDING PROVISIONS

3.1 REVOKE a Specific Article or Bequest (use if applicable)

☐ Not used.
☐ I hereby revoke, in its entirety, [ARTICLE/SECTION NUMBER AND DESCRIPTION, e.g., "Article V, Section 5.3 (the cash gift of $______ to ______)"] of the Will. The property or interest formerly disposed of by that provision shall instead pass under [the Residuary Estate / the following provision: ____________________].

3.2 ADD a New Bequest (use if applicable)

☐ Not used.
☐ I hereby add the following new bequest to the Will:
I give [DESCRIPTION OF PROPERTY OR $[AMOUNT]] to [BENEFICIARY FULL LEGAL NAME], of [ADDRESS/RELATIONSHIP]. If [BENEFICIARY NAME] does not survive me by thirty (30) days, this gift shall [lapse and pass to the Residuary Estate / pass to: ____________________].

3.3 AMEND or REPLACE an Article (use if applicable)

☐ Not used.
☐ I hereby delete [ARTICLE/SECTION NUMBER] of the Will and substitute the following in its place:

[INSERT NEW PROVISION TEXT IN FULL]

Common substitutions (select any that apply):

☐ New Executor. I revoke the appointment of the Executor named in [ARTICLE/SECTION] of the Will and instead nominate and appoint [NEW EXECUTOR FULL LEGAL NAME], of [ADDRESS], as Executor (Personal Representative). If that nominee is unable or unwilling to serve, I nominate [SUCCESSOR EXECUTOR NAME]. No Executor shall be required to post bond (O.C.G.A. § 53-6-50).

☐ New Guardian. I revoke the nomination of Guardian in [ARTICLE/SECTION] of the Will and instead nominate [NEW GUARDIAN FULL LEGAL NAME], of [ADDRESS], as Guardian of the person and property of my minor child(ren). If that nominee cannot serve, I nominate [SUCCESSOR GUARDIAN NAME].

☐ New Trustee / Beneficiary. I revoke [ARTICLE/SECTION] and substitute [NEW TRUSTEE NAME / NEW BENEFICIARY NAME AND INTEREST: ____________________].

ARTICLE IV

REPUBLICATION

4.1 Republication by Codicil. By executing this Codicil, I republish and re-execute the Will, as amended by this Codicil and by any prior codicil that remains in effect, as of the date of this Codicil. All provisions of the Will not changed by this Codicil shall continue to speak and take effect as of the date of this Codicil.

4.2 Governing Law. This Codicil shall be construed under the laws of the State of Georgia, and any proceeding regarding it shall be brought in the [COUNTY] Probate Court, State of Georgia.

EXECUTION

(Conforming to O.C.G.A. §§ 53-4-20 and 53-4-21)

I, [TESTATOR FULL LEGAL NAME], sign my name to this Codicil on the date indicated below and declare to the undersigned witnesses that I sign it willingly, that I execute it as my free and voluntary act for the purposes expressed herein, and that I am fourteen (14) years of age or older, of sound mind, and under no constraint or undue influence.

Date: [__/__/____]

[________________________________]
[TESTATOR FULL LEGAL NAME], Testator

ATTESTATION CLAUSE

Signed, published, and declared by [TESTATOR FULL LEGAL NAME] as a Codicil to the Testator's Last Will and Testament in our presence, and we, at the Testator's request and in the Testator's presence and in the presence of each other, have hereunto subscribed our names as witnesses, all being of lawful age and competent, and none being named as a beneficiary herein.

SELF-PROVING AFFIDAVIT

(O.C.G.A. § 53-4-24)

Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], known to me to be the testator and the witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and all of said individuals being by me duly sworn, [TESTATOR NAME], testator, declared to me and to the witnesses in my presence that said instrument is a codicil to the last will and testament of the testator and that the testator had willingly made and executed it as a free act and deed for the purposes expressed therein.

The witnesses, each on oath, stated to me in the presence and hearing of the testator that the testator had declared to them that the instrument is a codicil to the testator's last will and testament and that the testator executed the instrument as such and wished each of them to sign it as a witness; and under oath each witness stated further that the witness had signed the same as witness in the presence of the testator and at the testator's request; that the testator was 14 years of age or over and of sound mind; and that each of the witnesses was then at least 14 years of age.

[________________________________]
Testator

[________________________________]
Witness

[________________________________]
Witness

Sworn to and subscribed before me by [TESTATOR NAME], testator, and sworn to and subscribed before me by [WITNESS 1 NAME] and [WITNESS 2 NAME], witnesses, this [____] day of [____________], [______].

(SEAL)

[________________________________]
(Signed) Notary Public, State of Georgia
My commission expires: [____________]

Sources and References

• O.C.G.A. § 53-4-20 — Required writing; signing; witnesses; codicil (same formality as a will): https://law.justia.com/codes/georgia/title-53/chapter-4/article-3/section-53-4-20/
• O.C.G.A. § 53-4-24 — Self-proved will or codicil (statutory affidavit form): https://law.justia.com/codes/georgia/title-53/chapter-4/article-3/section-53-4-24/
• O.C.G.A. § 53-1-2 — Definitions ("Codicil"; "Will" includes all codicils): https://law.justia.com/codes/georgia/title-53/chapter-1/article-1/section-53-1-2/
• Martina v. Elrod, 293 Ga. 306 (2013) — self-proving affidavit must substantially comply with the statutory form (including "known to me," "at the testator's request," and witness-age recitals).