Codicil to Last Will & Testament - Illinois

[ORDINAL, e.g., FIRST] CODICIL

TO THE LAST WILL AND TESTAMENT

OF [TESTATOR FULL LEGAL NAME]

(Drafted for use in the State of Illinois)

ARTICLE I

IDENTIFICATION AND REFERENCE TO EXISTING WILL

1.01 Identification. I, [TESTATOR FULL LEGAL NAME], domiciled in [COUNTY] County, Illinois, of sound mind and at least eighteen (18) years of age, and under no constraint or undue influence, declare this instrument to be a Codicil to my Last Will and Testament.

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

1.03 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].

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

ARTICLE II

CONFIRMATION OF WILL

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

2.02 No General Revocation. This Codicil does not revoke the Will. It amends only the specific provisions identified below. Nothing herein is intended to revive any will or provision previously revoked except as expressly stated (755 ILCS 5/4-7).

ARTICLE III

AMENDING PROVISIONS

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

☐ Not used.
☐ I revoke, in its entirety, [ARTICLE/SECTION NUMBER AND DESCRIPTION, e.g., "Article V, Section 5.01(a) (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: ____________________].

3.02 ADD a New Bequest (use if applicable)

☐ Not used.
☐ I 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, this gift shall [lapse and be added to the Residuary Estate / pass to: ____________________].

3.03 AMEND or REPLACE an Article (use if applicable)

☐ Not used.
☐ I 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 (Personal Representative) named in [ARTICLE/SECTION] of the Will and instead nominate [NEW EXECUTOR FULL LEGAL NAME], of [ADDRESS]. If that nominee is unable or unwilling to serve, I nominate [SUCCESSOR EXECUTOR NAME]. I request that no bond be required, subject to applicable law and court order.

☐ 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 estate of my minor child(ren), subject to court appointment. If that nominee is unable or unwilling to 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

CONFIRMATION AND GOVERNING LAW

4.01 Confirmation. I confirm the Will, as amended by this Codicil and by any prior codicil that remains in effect. I intend all provisions not specifically changed here to remain in force.

4.02 Governing Law; Probate Venue. I intend Illinois law to govern this Codicil. Probate venue shall be determined under 755 ILCS 5/5-1, generally the county of my known Illinois residence.

EXECUTION & WITNESS ATTESTATION

(Conforming to 755 ILCS 5/4-3)

I, [TESTATOR FULL LEGAL NAME], sign my name to this Codicil on the date set forth below and declare that I sign and execute this instrument as a Codicil to my Last Will and Testament; that I sign willingly; that I am of sound mind; and that I request the undersigned witnesses to witness my signing.

Date: [__/__/____]

[________________________________]
[TESTATOR FULL LEGAL NAME], Testator

Witness Attestation
We, the undersigned, witnessed the signing of the foregoing Codicil by the Testator, who declared it to be a Codicil to the Testator's Last Will and Testament. We affirm that (i) each of us is at least eighteen (18) years of age and a credible witness, (ii) the Testator appeared to be of sound mind and memory and under no undue influence, and (iii) we signed in the presence of the Testator.

Witness #1: [________________________________]
Printed Name: [____________________]
Address: [____________________]

Witness #2: [________________________________]
Printed Name: [____________________]
Address: [____________________]

ATTESTING-WITNESS AFFIDAVIT

(755 ILCS 5/6-4(b) permits an attesting witness to make the required probate statements by signed affidavit at or after attestation, attached to or forming part of the instrument or attached to an accurate facsimile.)

Each of the undersigned, [WITNESS 1 NAME] and [WITNESS 2 NAME], being first duly sworn, states on oath that:

1. The affiant was present and saw the Testator, [TESTATOR NAME] (or some person in the Testator's presence and by the Testator's direction), sign the foregoing Codicil in the presence of the affiant, or the Testator acknowledged it to the affiant as the Testator's act;

2. The Codicil was attested by the affiant in the presence of the Testator; and

3. The affiant believed the Testator to be of sound mind and memory at the time of signing or acknowledging the Codicil.

[________________________________]
[WITNESS 1 NAME], Attesting Witness

[________________________________]
[WITNESS 2 NAME], Attesting Witness

Subscribed and sworn to before me by [WITNESS 1 NAME] and [WITNESS 2 NAME] this [____] day of [____________], [______].

[________________________________]
Notary Public
My Commission Expires: [____________]

Sources and References

• 755 ILCS 5/4-3 — Signing and attestation: https://www.ilga.gov/legislation/ilcs/documents/075500050K4-3.htm
• 755 ILCS 5/6-4 — Admission of will to probate; testimony or affidavit of witnesses: https://www.ilga.gov/documents/legislation/ilcs/documents/075500050K6-4.htm
• 755 ILCS 5/4-7 — Revocation; revival of a will revoked by codicil: https://www.ilga.gov/documents/legislation/ilcs/documents/075500050K4-7.htm
• 755 ILCS 5/4-1 — Capacity: https://www.ilga.gov/documents/legislation/ilcs/documents/075500050K4-1.htm
• 755 ILCS 5/5-1 — Probate venue: https://www.ilga.gov/documents/legislation/ilcs/documents/075500050K5-1.htm