Codicil to Last Will & Testament - Maryland

CODICIL TO LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

I. IDENTIFICATION

1. Testator. I, [TESTATOR FULL LEGAL NAME], a resident of [COUNTY], Maryland, being of sound and disposing mind and memory and over eighteen (18) years of age, declare this to be the [ORDINAL — e.g., First / Second / Third] Codicil (this "Codicil") to my Last Will and Testament.

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

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

4. Capacity & Voluntary Act. I execute this Codicil freely and voluntarily, and not under duress, menace, fraud, or the undue influence of any person.

II. DECLARATION — WILL REMAINS IN FULL FORCE

I expressly confirm, ratify, and republish my Will in all respects, and I direct that it shall remain in full force and effect, except as specifically revoked, added to, amended, or replaced by this Codicil. This Codicil does not revoke my Will.

III. AMENDING PROVISIONS

A. Revocation of a Specific Article or Bequest

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

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

☐ The specific bequest of [DESCRIBE GIFT — e.g., "$[AMOUNT]" / "the real property at [ADDRESS]"] to [BENEFICIARY NAME] set forth in Article/Section [____] is revoked. The subject property shall pass under the residuary clause of my Will unless otherwise provided in this Codicil.

B. Addition of a New Bequest

I hereby ADD the following bequest to my Will:

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

• If this Beneficiary does not survive me, this gift shall ☐ lapse into the Residue ☐ pass to [ALTERNATE BENEFICIARY] ☐ pass per stirpes to the Beneficiary's descendants.

C. Amendment or Replacement of an Article

I hereby AMEND AND REPLACE the following provision(s) of my Will. The replacement language below supersedes the corresponding provision in the Will:

☐ New Personal Representative. Article/Section [____] of the Will is amended so that I nominate and appoint [NEW PERSONAL REPRESENTATIVE NAME & ADDRESS] as Personal Representative of my estate, in place of [FORMER PERSONAL REPRESENTATIVE NAME]. If that person fails or ceases to serve, [SUCCESSOR PERSONAL REPRESENTATIVE NAME] shall serve. The Personal Representative shall have all powers granted under the Will and under Md. Code Ann., Est. & Trusts §§ 7-401 et seq.

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

☐ New Trustee / Beneficiary. Article/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 Article shall be [NEW BENEFICIARY NAME], in place of [FORMER BENEFICIARY NAME].

☐ New / Restated Residuary Distribution. Article/Section [____] of the Will is amended so that my Residue shall be distributed as follows: [NEW RESIDUARY DISTRIBUTION — list beneficiaries and percentages, e.g., "[BENEFICIARY A]: [____]%; [BENEFICIARY B]: [____]%"].

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

IV. REPUBLICATION

By executing this Codicil with the formalities required for a will under Md. Code Ann., Est. & Trusts § 4-102, 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 it had been executed on the date of this Codicil, except as expressly changed herein.

V. EXECUTION

IN WITNESS WHEREOF, I, [TESTATOR FULL LEGAL NAME], the Testator, sign my name to this Codicil and declare that I sign and execute this instrument as a Codicil to my Last Will and Testament, that I sign it willingly, and that I execute it as my free and voluntary act for the purposes expressed herein.

Date: [__/__/____]

______________________________________
[TESTATOR FULL LEGAL NAME], Testator

ATTESTATION BY WITNESSES

We, the undersigned witnesses, each being at least 18 years of age and a credible witness, affirm that on the date written above the Testator declared this instrument to be a Codicil to the Testator's Last Will and Testament, signed it (or directed another to sign it for the Testator) in our physical presence, and requested that we witness the same; and that we, in the physical presence of the Testator, now subscribe our names as witnesses. To the best of our knowledge the Testator is of sound mind and under no constraint or undue influence.

1. ______________________________________
   [WITNESS #1 NAME]
   Address: _______________________________

2. ______________________________________
   [WITNESS #2 NAME]
   Address: _______________________________

VI. PROBATE-PROOF NOTE

The witness attestation above is intended to recite the facts constituting due execution under Md. Code Ann., Est. & Trusts § 5-303. The affidavit forms in § 4-102(c) apply to certified electronic or remotely witnessed wills and codicils executed through that subsection's separate procedures; they are not a general notarization requirement for this physical codicil.

Sources and References

• Md. Code Ann., Est. & Trusts § 4-102 — Capacity and execution (official)
• Md. Code Ann., Est. & Trusts § 5-303 — Attestation recital (official)
• Md. Code Ann., Est. & Trusts § 4-102 (Justia)
• Md. Code Ann., Est. & Trusts § 4-101(k) — Definition of will includes codicil
• Maryland Register of Wills — General Estate Information