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 Indiana)

ARTICLE I

IDENTIFICATION AND REFERENCE TO EXISTING WILL

1.1 Identification. I, [TESTATOR FULL LEGAL NAME], a resident of [CITY], [COUNTY] County, Indiana, 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.

ARTICLE II

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 Ind. Code § 29-1-5-6.

ARTICLE III

AMENDING PROVISIONS

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

☐ Not used.
☐ I revoke, in its entirety, [ARTICLE/SECTION NUMBER AND DESCRIPTION, e.g., "Article IV, Section 4.2(a) (the 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 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 be added to the Residuary Estate / pass to: ____________________].

3.3 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 Personal Representative. I revoke the appointment of the Personal Representative (Executor) named in [ARTICLE/SECTION] of the Will and instead nominate [NEW PERSONAL REPRESENTATIVE FULL LEGAL NAME], of [ADDRESS]. If that nominee fails or ceases to serve, I nominate [SUCCESSOR NAME]. No bond shall be required unless a court of competent jurisdiction orders otherwise.

☐ 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 fails or ceases 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

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; Forum. This Codicil shall be governed by the laws of the State of Indiana, and exclusive venue shall lie in the [COUNTY] Circuit/Superior Court, Probate Division, State of Indiana.

ARTICLE V

EXECUTION & ATTESTATION
(Conforming to Ind. Code § 29-1-5-3)

Executed on this [____] day of [____________], [______], at [CITY], Indiana.

[________________________________]
[TESTATOR FULL LEGAL NAME], Testator

We, the undersigned, being present at the same time, hereby attest that the Testator signed the foregoing instrument, or acknowledged the Testator's signature, in our presence, and declared the instrument to be a Codicil to the Testator's Last Will and Testament; and we, at the Testator's request and in the Testator's presence and in the presence of each other, subscribe our names as attesting witnesses.

ARTICLE VI

SELF-PROVING CLAUSE
(Ind. Code § 29-1-5-3.1)

Under penalties for perjury, we, the undersigned Testator and the undersigned witnesses, respectively, whose names are signed to the attached or foregoing instrument, declare:

(1) that the Testator executed the instrument as a codicil to the Testator's will;

(2) that, in the presence of both witnesses, the Testator signed or acknowledged the signature already made or directed another to sign for the Testator in the Testator's presence;

(3) that the Testator executed the codicil as a free and voluntary act for the purposes expressed in it;

(4) that each of the witnesses, in the presence of the Testator and of each other, signed the codicil as a witness;

(5) that the Testator was of sound mind when the codicil was executed; and

(6) that to the best knowledge of each of the witnesses the Testator was, at the time the codicil was executed, at least eighteen (18) years of age or was a member of the armed forces or of the merchant marine of the United States or its allies.

[________________________________]
[TESTATOR NAME], Testator

Date: [__/__/____]

[________________________________]
[WITNESS 1 NAME], Witness

[________________________________]
[WITNESS 2 NAME], Witness

Subscribed, sworn to, and acknowledged before me by the Testator and the Witnesses on this [____] day of [____________], [______].

[________________________________]
Notary Public
My Commission Expires: [____________]
County of Residence: [____________]

Sources and References

• Ind. Code § 29-1-5-3 — Execution: https://iga.in.gov/laws/current/ic/titles/29#29-1-5-3
• Ind. Code § 29-1-5-3.1 — Self-proving clause (statutory form): https://law.justia.com/codes/indiana/title-29/article-1/chapter-5/section-29-1-5-3-1/
• Ind. Code § 29-1-1-3 — Definitions ("will" includes a codicil): https://iga.in.gov/laws/current/ic/titles/29#29-1-1-3
• Ind. Code § 29-1-5-6 — Revocation of wills: https://iga.in.gov/laws/current/ic/titles/29#29-1-5-6