Codicil to Last Will & Testament - New York

CODICIL TO LAST WILL AND TESTAMENT

OF [FULL LEGAL NAME]

Effective Date: [DATE OF EXECUTION]
Domicile: [STREET ADDRESS, CITY, COUNTY, STATE OF NEW YORK, ZIP]

TABLE OF CONTENTS

1. Identification of Testator and Underlying Will
2. Declaration of Continuing Validity

3. Amending Provisions
   3.1 Revocation of a Specific Article or Bequest
   3.2 Addition of a New Bequest
   3.3 Amendment / Replacement of an Article

4. Republication of the Will

5. Codicil Number
6. Execution Block
7. Attestation Clause (Complying with EPTL § 3-2.1)
8. Affidavit of Attesting Witnesses (SCPA § 1406)
9. Sources and References

1. IDENTIFICATION OF TESTATOR AND UNDERLYING WILL

I, [FULL LEGAL NAME], residing at the address stated above (the "Testator"), being over eighteen (18) years of age, of sound mind and memory, and acting freely and voluntarily without constraint or undue influence, declare this instrument to be a Codicil (this "Codicil") to my Last Will and Testament.

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

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

1.3 Definitions. Capitalized terms used but not defined in this Codicil have the meanings given to them in the Will.

2. DECLARATION OF CONTINUING VALIDITY

I expressly reaffirm, ratify, and republish the Will and any prior codicil(s) identified above in all respects, EXCEPT as expressly modified by this Codicil. In the event of any conflict between this Codicil and the Will (or any prior codicil), the provisions of this Codicil shall control.

3. AMENDING PROVISIONS

3.1 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 is revoked and shall be of no further force or effect.
☐ The specific bequest of [DESCRIPTION OF ASSET / DOLLAR AMOUNT] to [BENEFICIARY NAME] contained in the Will is revoked.
☐ Other: [________________________________].

The property, if any, affected by the foregoing revocation shall pass under the residuary provisions of my Will unless otherwise directed in this Codicil.

3.2 Addition of a New Bequest

I hereby ADD the following provision(s) to my Will:

☐ I give and bequeath [DESCRIPTION OF SPECIFIC ITEM / DOLLAR AMOUNT $____] to [BENEFICIARY FULL NAME], of [ADDRESS], [RELATIONSHIP]. If this beneficiary fails to survive me by thirty (30) days, this bequest shall ☐ lapse and pass under the residuary clause of my Will ☐ pass to [CONTINGENT BENEFICIARY].
☐ I add the following new Article to my Will, to be numbered Article [____]: [________________________________].

3.3 Amendment / Replacement of an Article

I hereby AMEND and REPLACE the following provision(s) of my Will. The language below supersedes and replaces the corresponding provision in its entirety:

☐ New Executor. The Article appointing my Executor is amended to nominate [NEW EXECUTOR NAME], of [ADDRESS], as Executor, with [ALTERNATE EXECUTOR NAME] as Successor Executor. No Executor shall be required to furnish a bond unless required by the Surrogate's Court for cause shown.
☐ New Guardian of Minor Children. The Article nominating a Guardian is amended to nominate [NEW GUARDIAN NAME], of [ADDRESS], as Guardian of the Person and Property of my minor child(ren).
☐ New Trustee / Beneficiary. Section [____] of the Will is amended to provide as follows: [________________________________].
☐ Other Amendment. Article / Section [____] of the Will is amended to read in full as follows: [________________________________].

4. REPUBLICATION OF THE WILL

By executing this Codicil with the formalities required of a will under EPTL § 3-2.1, I republish and redeclare my Will, as amended by this Codicil and any prior codicil identified above, as my Last Will and Testament as of the date of execution of this Codicil. This Codicil shall be read together with the Will as a single, integrated testamentary plan.

5. CODICIL NUMBER

This instrument is the [FIRST / SECOND / THIRD / ____ ] Codicil to my Last Will and Testament.

6. EXECUTION BLOCK

IN WITNESS WHEREOF, I subscribe my name AT THE END of this Codicil at [CITY], New York, on this _____ day of ______________, 20____, in the presence of the attesting witnesses named below.

___________________________________
[FULL LEGAL NAME], Testator

7. ATTESTATION CLAUSE

On the date written below, [FULL LEGAL NAME], residing at the address hereinabove stated, subscribed his/her name at the end of this instrument in our presence (or acknowledged to each of us that his/her signature had previously been affixed thereto), and at the same time declared to us, the undersigned, that this instrument is a Codicil to his/her Last Will and Testament, and requested us to act as attesting witnesses thereto. We, in the presence of the Testator and of each other, and at the Testator's request, have hereunto subscribed our names as witnesses and affixed our respective residence addresses on the date hereof, each attestation occurring within one thirty (30) day period.

Executed at [CITY], New York, on [__/__/____].

1. ___________________________________
   Name: [WITNESS 1 NAME]
   Residence Address: [WITNESS 1 ADDRESS]

2. ___________________________________
   Name: [WITNESS 2 NAME]
   Residence Address: [WITNESS 2 ADDRESS]

8. AFFIDAVIT OF ATTESTING WITNESSES

STATE OF NEW YORK )
) ss.:
COUNTY OF [COUNTY] )

Each of the undersigned, [WITNESS 1 NAME] and [WITNESS 2 NAME], being duly sworn, deposes and says:

The foregoing instrument was subscribed in our presence and sight at the end thereof by [FULL LEGAL NAME], the within-named Testator, on the _____ day of ______________, 20____, at [CITY], New York.

Said Testator at the time of making such subscription declared the instrument so subscribed to be a Codicil to his/her Last Will and Testament. Each of the undersigned thereupon signed his/her name as a witness at the end of said instrument at the request of said Testator and in his/her presence and sight and in the presence and sight of each other.

Said Testator was, at the time of so executing said instrument, over the age of eighteen (18) years and, in the respective opinion of the undersigned, of sound mind, memory, and understanding and not under any restraint or in any respect incompetent to make a will or codicil. The instrument was executed as a single, continuous transaction. Said Testator could read, write, and converse in the English language and was suffering from no defect of sight, hearing, or speech, or from any other physical or mental impairment that would affect his/her capacity to make a valid will or codicil.

________________________________
[WITNESS 1 NAME], Attesting Witness

________________________________
[WITNESS 2 NAME], Attesting Witness

Severally subscribed and sworn to before me on this _____ day of ______________, 20____.

___________________________________
Notary Public, State of New York
Commission No.: __________
My Commission Expires: __________

9. SOURCES AND REFERENCES

• N.Y. EPTL § 1-2.19 — Will (includes codicil): https://law.justia.com/codes/new-york/2022/ept/article-1/part-2/1-2-19/
• N.Y. EPTL § 3-2.1 — Execution and attestation of wills: https://law.justia.com/codes/new-york/2022/ept/article-3/part-2/3-2-1/
• N.Y. EPTL § 11-1.1 — Fiduciaries' powers: https://www.nysenate.gov/legislation/laws/EPT/11-1.1
• N.Y. SCPA § 1406 — Proof of will by affidavit of attesting witness out of court: https://codes.findlaw.com/ny/surrogates-court-procedure-act/scp-sect-1406/