Codicil to Last Will & Testament - Massachusetts

CODICIL TO LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

1. IDENTIFICATION

1.1 Testator. I, [TESTATOR FULL LEGAL NAME], domiciled in [CITY/TOWN], Massachusetts, of lawful age (18 or older) and sound mind, declare this to be the [ORDINAL — e.g., First / Second / Third] Codicil (this "Codicil") to my Last Will and Testament.

1.2 Will Being Amended. This Codicil amends my Last Will and Testament dated [__/__/____] (the "Will").

1.3 Prior Codicils.
☐ I have made no prior codicil to the Will.
☐ I have previously executed the following codicil(s), each of which remains in effect except as modified herein: [LIST PRIOR CODICILS BY DATE].

1.4 Voluntary Act. I execute this Codicil voluntarily and free of undue influence, duress, or fraud.

2. DECLARATION — WILL REMAINS IN FULL FORCE

I confirm my Will and any prior codicils except to the extent this Codicil expressly changes a provision or is inconsistent with it. I intend this Codicil to supplement my Will, not to replace it in full. Under M.G.L. c. 190B, § 2-507, a subsequent testamentary writing can revoke all or part of a prior will expressly or by inconsistency.

3. AMENDING PROVISIONS

3.1 Revocation of a Specific Section or Bequest

I hereby REVOKE the following provision(s) of my Will:

☐ Section [____] of the Will, captioned [SECTION TITLE], is revoked in its entirety and shall be of no further force or effect.

☐ The specific bequest of [DESCRIBE GIFT — e.g., "$[AMOUNT]" / "the property at [ADDRESS]"] to [BENEFICIARY NAME] set forth in Section [____] is revoked. State any replacement gift or confirm how the remaining Will disposes of the property: [SPECIFY].

3.2 Addition of a New Bequest

I hereby ADD the following bequest:

☐ I give [DESCRIBE GIFT — e.g., "$[AMOUNT]" / "[DESCRIPTION OF ITEM OR REAL PROPERTY]"] to [BENEFICIARY FULL NAME & ADDRESS].

• If this Beneficiary predeceases me, this gift shall ☐ pass into the Residuary Estate ☐ pass to [ALTERNATE BENEFICIARY] ☐ pass per stirpes to the Beneficiary's descendants.

3.3 Amendment or Replacement of a Section

I hereby AMEND AND REPLACE the following provision(s) of my Will; the replacement language supersedes the corresponding provision:

☐ New Personal Representative. Section [____] of the Will is amended so that I nominate [NEW PERSONAL REPRESENTATIVE NAME & ADDRESS] as Personal Representative, in place of [FORMER PERSONAL REPRESENTATIVE NAME], with [SUCCESSOR PERSONAL REPRESENTATIVE NAME] as successor. Duties and powers remain subject to M.G.L. c. 190B, §§ 3-703 and 3-715, the Will, and any court order.

☐ New Guardian Nominee. Section [____] of the Will is amended so that I nominate [NEW GUARDIAN NAME & ADDRESS] as guardian of my minor child(ren), in place of [FORMER GUARDIAN NAME], with [SUCCESSOR GUARDIAN NAME] as successor.

☐ New Trustee / Beneficiary. Section [____] of the Will is amended so that:

• The Trustee of the [NAME OF TESTAMENTARY TRUST] shall be [NEW TRUSTEE NAME], in place of [FORMER TRUSTEE NAME]; and/or
• The beneficiary designated in that Section shall be [NEW BENEFICIARY NAME], in place of [FORMER BENEFICIARY NAME].

☐ New / Restated Residuary Distribution. Section [____] of the Will is amended so that my Residuary Estate shall pass as follows: [NEW RESIDUARY DISTRIBUTION — beneficiaries and shares].

☐ Other Amendment. Section [____] of the Will is amended to read as follows: [INSERT REPLACEMENT TEXT].

4. REPUBLICATION

I reaffirm the provisions of my Will and any prior codicil that this Codicil does not change. I intend this Codicil to supplement, rather than replace, the Will, subject to any express or inconsistent changes under M.G.L. c. 190B, § 2-507.

5. EXECUTION BLOCK

5.1 Testator Signature

IN WITNESS WHEREOF, I, [TESTATOR FULL LEGAL NAME], sign, publish, and declare this instrument to be a Codicil to my Last Will and Testament on this [____] day of [MONTH], [YEAR], at [CITY/TOWN], Massachusetts.

_____________________________
[TESTATOR FULL LEGAL NAME], Testator

5.2 Attestation Clause

We, the undersigned, declare that [TESTATOR FULL LEGAL NAME], the Testator, signed this instrument or acknowledged the Testator's signature or this instrument to us, and that each of us witnessed that act or acknowledgment and signs this instrument as a witness.

6. SELF-PROVING AFFIDAVIT

(Pursuant to M.G.L. c. 190B, § 2-504)

Commonwealth of Massachusetts
County of [____]

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, declare to the undersigned authority that the Testator signed and executed the instrument as the Testator's Codicil; that the Testator signed it willingly (or willingly directed another to sign for the Testator); that the Testator executed it as a free and voluntary act for the purposes expressed; that each witness, in the presence and hearing of the Testator, signed the Codicil as a witness; and that to the best of each witness's knowledge the Testator was then eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.

______________________________________
[TESTATOR NAME], Testator

______________________________________
[WITNESS #1 NAME], Witness

______________________________________
[WITNESS #2 NAME], 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 [MONTH], [YEAR].

______________________________________
Notary Public
Official seal: [AFFIX SEAL]
My Commission Expires: __________

Sources and References

• M.G.L. c. 190B, § 2-502 — Execution; witnessed wills (official)
• M.G.L. c. 190B, § 2-504 — Self-proved will (official)
• M.G.L. c. 190B, § 1-201 — General definitions ("will" includes a codicil)
• M.G.L. c. 190B, § 2-507 — Revocation by writing or by act