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, ratify, and republish my Will in all respects and direct that it shall continue in full force and effect, except as specifically revoked, supplemented, amended, or replaced by this Codicil. This Codicil does not revoke my Will under M.G.L. c. 190B, § 2-507.

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. The subject property shall pass under the Residuary Estate of my Will unless otherwise provided in this Codicil.

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 appoint [NEW PERSONAL REPRESENTATIVE NAME & ADDRESS] as Personal Representative, in place of [FORMER PERSONAL REPRESENTATIVE NAME], with [SUCCESSOR PERSONAL REPRESENTATIVE NAME] as successor. The Personal Representative shall ☐ serve with ☐ serve without surety on any required bond and shall have all powers under M.G.L. c. 190B, §§ 3-715 and 3-703.

☐ New Guardian / Conservator. Section [____] of the Will is amended so that I nominate [NEW GUARDIAN NAME & ADDRESS] as guardian of the person and conservator of the property 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

By executing this Codicil with the formalities required for a will under M.G.L. c. 190B, § 2-502, I republish, ratify, and reaffirm my Will, as modified by this Codicil and by any prior codicil that remains in effect, as of the date of this Codicil. The Will shall be read and construed as if executed on the date of this Codicil, except as expressly changed herein.

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 signs as a witness within a reasonable time after witnessing the signing or receiving that acknowledgment, believing the Testator to be of sound mind and under no improper influence.

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
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