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 at least 18 years of age and of sound mind, 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. I intend the Will and any prior codicil identified above to remain effective except to the extent expressly changed by, or inconsistent with, this Codicil.

2.2 Partial Revocation Only. I do not intend to revoke the Will in full. My express changes appear below; Idaho Code § 15-2-507(a) also addresses a later will's inconsistent provisions.

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 that beneficiary does not survive me by [NUMBER] hours, I instead give this gift to [ALTERNATE BENEFICIARY OR IDENTIFIED RESIDUARY PROVISION].

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 nomination 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]. I request that no bond be required to the extent permitted by Idaho Code § 15-3-603.

☐ New Guardian. As a parent, I revoke the guardian nomination in [SECTION] of the Will and nominate [NEW GUARDIAN FULL LEGAL NAME], of [ADDRESS], as guardian of my minor child(ren), subject to the law governing this appointment. If that person cannot serve, I nominate [SUCCESSOR GUARDIAN NAME]. Idaho Code § 15-5-202 changes January 1, 2027; review this optional clause under the law applicable when it is used.

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

4. EFFECT OF THIS CODICIL

4.1 Continuing Terms. I intend all provisions of the Will and any identified prior codicil that are neither expressly changed here nor inconsistent with this Codicil to remain effective.

4.2 Governing Law. I intend Idaho law to govern this Codicil to the extent applicable.

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, each being at least 18 years of age and generally competent to witness a will, declare that the Testator signed or acknowledged the foregoing instrument and declared it to be a Codicil to the Testator's Last Will and Testament. Each of us witnessed that signing or acknowledgment and signed this Codicil as a witness. The Testator appeared to us to be of sound mind and to sign willingly and free of constraint or undue influence.

6. SELF-PROVING AFFIDAVIT

(Optional affidavit under Idaho Code § 15-2-504(2). Use after the attested Codicil has been executed, and only if each witness signed in the Testator's presence and hearing. All three signers must swear or acknowledge before the authorized officer as the statute provides.)

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://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH1/SECT15-1-201/
• Idaho Code § 15-2-501 — Capacity: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH2/SECT15-2-501/
• Idaho Code § 15-2-505 — Witness eligibility: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH2/SECT15-2-505/
• Idaho Code § 15-2-601 — Devisee survivorship: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH2/SECT15-2-601/
• Idaho Code § 15-2-603 — Testator's intention: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH2/SECT15-2-603/
• Idaho Code § 15-3-603 — Personal representative bond: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-603/
• Idaho Code § 15-5-202 — Guardian appointment transition: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH5/SECT15-5-202/