Codicil to Last Will & Testament - Iowa

CODICIL TO LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

(A Codicil Compliant with the Laws of the State of Iowa)

This is the [ORDINAL — e.g., First / Second / Third] Codicil to my Last Will and Testament.

Effective Date: [__/__/____]
Domicile: [COUNTY], Iowa

ARTICLE I — IDENTIFICATION AND DECLARATION

1.1 Identification of Testator. I, [TESTATOR FULL LEGAL NAME], residing at [ADDRESS], [COUNTY] County, Iowa, being of legal age to make a will, of sound mind, and under no duress, constraint, or undue influence, do hereby make, publish, and declare this instrument to be the [ORDINAL] Codicil to my Last Will and Testament.

1.2 Identification of the Will Being Amended. I refer to my Last Will and Testament dated [__/__/____] (the "Will"), which I executed at [CITY], Iowa.

1.3 Prior Codicils.
☐ 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 modified herein:

• Codicil dated [__/__/____]
• Codicil dated [__/__/____]

1.4 Definitions. Capitalized terms used but not defined in this Codicil have the meanings given to them in the Will.

ARTICLE II — RATIFICATION OF EXISTING WILL

2.1 Will Remains in Force. Except as expressly modified or revoked by this Codicil, I confirm my Will dated [__/__/____], together with any prior codicil(s) identified in Section 1.3, and direct that its remaining provisions continue in effect.

2.2 No General Revocation. This Codicil amends my Will only as set forth in Article III. It does not revoke my Will in its entirety.

ARTICLE III — AMENDING PROVISIONS

3.1 Revocation of a Specific Provision.
☐ I hereby REVOKE in its entirety [Article / Section ____] of my Will, captioned "[CAPTION OR DESCRIPTION]", and direct that it be given no further effect.
☐ I hereby REVOKE the following specific bequest contained in [Article / Section ____] of my Will: the gift of [DESCRIPTION OF PROPERTY OR AMOUNT] to [FORMER BENEFICIARY NAME]. The property so released shall pass under my Residuary Estate unless otherwise directed in this Codicil.

3.2 Addition of a New Bequest.
☐ I hereby ADD the following bequest to my Will: I give [DESCRIPTION OF PROPERTY / $ AMOUNT] to [NEW BENEFICIARY FULL NAME], residing at [ADDRESS], if such Beneficiary survives me by one hundred twenty (120) hours; otherwise this gift shall lapse into my Residuary Estate.
☐ Additional bequest: I give [DESCRIPTION / $ AMOUNT] to [BENEFICIARY NAME].

3.3 Amendment or Replacement of an Existing Provision.
☐ Personal Representative (Executor). I hereby AMEND [Article / Section ____] of my Will to nominate [NEW PERSONAL REPRESENTATIVE NAME], residing at [ADDRESS], as Personal Representative of my Estate in place of the person previously named. If that individual is unwilling or unable to serve, I nominate [ALTERNATE PERSONAL REPRESENTATIVE NAME] as successor.
☐ Guardian of Minor Children. I hereby AMEND [Article / Section ____] of my Will to nominate [NEW GUARDIAN NAME], residing at [ADDRESS], as guardian of the person of any minor child of mine, in place of the guardian previously named. If that individual is unwilling or unable to serve, I nominate [ALTERNATE GUARDIAN NAME] as successor.
☐ Trustee. I hereby AMEND [Article / Section ____] of my Will to appoint [NEW TRUSTEE NAME] as Trustee of any trust created under my Will, in place of the trustee previously named, with the powers granted under that Will.
☐ Residuary Beneficiary. I hereby REPLACE the residuary disposition in [Article / Section ____] of my Will with the following: I give my Residuary Estate to [NEW RESIDUARY BENEFICIARY(IES)] in [equal shares / the percentage shares described: ________________________________].
☐ Other Amendment. I hereby amend [Article / Section ____] of my Will to read in its entirety as follows: [NEW TEXT: ________________________________________________].

ARTICLE IV — CONFIRMATION

4.1 Confirmation. I confirm my Will dated [__/__/____], as amended by this Codicil and any prior codicil identified in Section 1.3, as my Last Will and Testament.

4.2 Governing Law. This Codicil shall be construed and enforced in accordance with the probate laws of the State of Iowa.

4.3 Severability. If any provision of this Codicil is determined to be invalid, the remaining provisions, and the Will as previously executed, shall remain in full force and effect.

ARTICLE V — EXECUTION & ATTESTATION

I, [TESTATOR FULL LEGAL NAME], the Testator, sign my name to this Codicil on the date written below and declare that I sign willingly, that I am of full age and sound mind and under no constraint or undue influence, and that this instrument is the [ORDINAL] Codicil to my Last Will and Testament.

ATTESTATION OF WITNESSES

We, the undersigned, witnessed the signing of this Codicil by the Testator, who declared it to be a Codicil to the Testator's Last Will and Testament. At the Testator's request, and in the Testator's presence and in the presence of each other, we each sign as witnesses. Each of us is a competent person and believes the Testator to be of sound mind and under no constraint or undue influence.

ARTICLE VI — SELF-PROVING AFFIDAVIT

(Optional but strongly recommended — Iowa Code § 633.279(2))

State of Iowa
County of [COUNTY] , ss:

We, the undersigned, [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, declare to the undersigned authority that, on the date of the instrument, we all knew the identity of each other; that the instrument was exhibited to the witnesses by the Testator, who declared it to be a Codicil to the Testator's Last Will and Testament; that it was signed by the Testator (or by another at the Testator's direction) at [CITY], in the County of [COUNTY], State of Iowa, on the date shown in the instrument and in the presence of each other as subscribing witnesses; that each witness, in the Testator's presence, at the Testator's request, and in the presence of the other witness, signed the instrument as an attesting witness; and that each witness was sixteen (16) years of age or older.

__________________________________
[TESTATOR NAME], Testator

__________________________________ __________________________________
[WITNESS #1 NAME], Witness [WITNESS #2 NAME], Witness

Subscribed, sworn to, and acknowledged before me by the Testator, and subscribed and sworn to before me by the witnesses, on this [__/__/____].

__________________________________
[NOTARY PUBLIC NAME]
Notary Public in and for the State of Iowa
My Commission Expires: ______________

(Seal)

Sources and References

• Iowa Code § 633.279 — signing, witnesses and self-proof
• Iowa Code § 633.3 — "will" includes codicil
• Iowa Code § 633.264 — capacity to make a will

This Codicil is drafted in reliance on, and intended to comply with, the execution requirements of Iowa Code § 633.279. Have it reviewed by a licensed Iowa attorney before execution.