Codicil to Last Will & Testament - Idaho

[ORDINAL, e.g., FIRST] CODICIL

TO THE LAST WILL AND TESTAMENT

OF [TESTATOR FULL LEGAL NAME]

(Prepared for use in the State of Idaho)

1. IDENTIFICATION AND REFERENCE TO EXISTING WILL

1.1 Identification. I, [TESTATOR FULL LEGAL NAME], a resident of [CITY], [COUNTY] County, Idaho, being of legal age (at least 18 years) and of sound mind and memory, 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.

2. CONFIRMATION OF WILL

2.1 Will Remains in Force. Except as expressly amended, modified, added to, or revoked by this Codicil, I 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 Partial Revocation Only. This Codicil does not revoke the Will. It revokes and amends only the specific provisions identified below, as permitted by Idaho Code § 15-2-507.

3. AMENDING PROVISIONS

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

☐ Not used.
☐ I revoke, in its entirety, [SECTION NUMBER AND DESCRIPTION, e.g., "Section 7, 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 add the following new bequest to the Will:
I devise and bequeath [DESCRIPTION OF PROPERTY OR $[AMOUNT]] to [BENEFICIARY FULL LEGAL NAME], of [ADDRESS/RELATIONSHIP]. If [BENEFICIARY NAME] does not survive me by 120 hours, this gift shall [lapse and pass to the Residuary Estate / pass to: ____________________].

3.3 AMEND or REPLACE a Section (use if applicable)

☐ Not used.
☐ I delete [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 Personal Representative. I revoke the appointment of the Personal Representative named in [SECTION] of the Will and instead nominate [NEW PERSONAL REPRESENTATIVE FULL LEGAL NAME], of [ADDRESS]. If that nominee is unable or unwilling to serve, I nominate [SUCCESSOR NAME]. No bond shall be required except as the district court (magistrate's division), which exercises Idaho's probate jurisdiction, may direct for cause.

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

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

4. 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 governed by the laws of the State of Idaho, and the [COUNTY] County court shall have exclusive jurisdiction over matters arising hereunder.

5. EXECUTION BLOCK

(Conforming to Idaho Code § 15-2-502)

IN WITNESS WHEREOF, I, [TESTATOR FULL LEGAL NAME], have set my hand to this Codicil on this [____] day of [____________], [______], at [CITY], Idaho.

[________________________________]
[TESTATOR FULL LEGAL NAME], Testator

WITNESS ATTESTATION CLAUSE

We, the undersigned witnesses, declare that on the date written above, in the conscious presence of the Testator and of each other, the Testator signed or acknowledged the foregoing instrument and declared it to be a Codicil to the Testator's Last Will and Testament. We affirm that the Testator appeared to us to be of sound mind, at least 18 years of age, and signed willingly and free of constraint or undue influence; and we, at the Testator's request, have signed as witnesses.

6. SELF-PROVING AFFIDAVIT

(Idaho Code § 15-2-504)

We, [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, do hereby declare to the undersigned authority that the testator signed and executed the instrument as a codicil to the testator's last will and that the testator had signed willingly (or willingly directed another to sign for the testator), and that the testator executed it as the testator's free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the codicil as witness and that to the best of the witness' knowledge the testator was at that time eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.

[________________________________]
Testator

[________________________________]
Witness

[________________________________]
Witness

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 [____________].

(Seal)

[________________________________]
Notary Public for the State of Idaho
My Commission Expires: [____________]

Sources and References

• Idaho Code § 15-2-502 — Execution: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH2/SECT15-2-502/
• Idaho Code § 15-2-504 — Self-proved will (statutory affidavit form): https://legislature.idaho.gov/statutesrules/idstat/title15/t15ch2/sect15-2-504/
• Idaho Code § 15-2-507 — Revocation by writing or by act: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH2/SECT15-2-507/
• Idaho Code § 15-1-201 — General definitions ("Will" includes codicil): https://law.justia.com/codes/idaho/title-15/chapter-1/part-2/section-15-1-201/