Codicil to Last Will & Testament - Pennsylvania

CODICIL TO LAST WILL AND TESTAMENT

of
[FULL LEGAL NAME OF TESTATOR]

(Prepared for use under Pennsylvania law – 20 Pa. Cons. Stat. §§ 2502, 3132, 3132.1)

TABLE OF CONTENTS

1. Article 1 – Identification and the Will Being Amended
2. Article 2 – Declaration; Will Remains in Force
3. Article 3 – Amending Provisions
4. Article 4 – Confirmation of Remaining Will
5. Article 5 – Execution
6. Self-Proving Acknowledgment and Affidavit (20 Pa. C.S. § 3132.1)

ARTICLE 1

IDENTIFICATION AND THE WILL BEING AMENDED

1.1 Declaration. I, [FULL LEGAL NAME], presently residing at [ADDRESS, COUNTY, COMMONWEALTH OF PENNSYLVANIA], being of sound mind and 18 years of age or older, make, publish, and declare this instrument to be the [ORDINAL — e.g., First / Second / Third] Codicil (this "Codicil") to my Last Will and Testament.

1.2 Existing Will. I refer to my Last Will and Testament dated [__/__/____] (the "Will").

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

1.4 Capacity. I have testamentary capacity, I execute this Codicil voluntarily and free of duress, menace, fraud, or undue influence, and this Codicil expresses my testamentary intent as to the matters addressed herein.

ARTICLE 2

DECLARATION; WILL REMAINS IN FORCE

2.1 I amend the Will only as expressly set forth in Article 3 of this Codicil.

2.2 Except as expressly amended, revoked, or supplemented by this Codicil, I ratify and confirm the provisions of the Will. I intend this Codicil to be read with the Will and any prior codicil that remains in effect.

2.3 If any provision of this Codicil conflicts with the Will or any prior codicil, the provisions of this Codicil control.

ARTICLE 3

AMENDING PROVISIONS

3.1 Revocation of an Article or Bequest

☐ I revoke in its entirety Article/Section [____] of the Will [and/or the specific bequest of [DESCRIBE PROPERTY/AMOUNT] to [BENEFICIARY NAME]]. Disposition of property affected by this revocation remains governed by the Will as amended by this Codicil.

☐ I revoke the following words/sentence within Article/Section [____]: "[QUOTE TEXT BEING REMOVED]".

3.2 Addition of a New Bequest

☐ I add the following bequest to the Will:
I give, devise, and bequeath [AMOUNT OR DESCRIPTION OF PROPERTY] to [BENEFICIARY FULL LEGAL NAME], of [ADDRESS], if that beneficiary survives me [BY THE PERIOD, IF ANY, STATED IN THE WILL: ____]. If that beneficiary does not so survive me, I give this gift to [ALTERNATE BENEFICIARY; STATE IF NONE: ____].

3.3 Amendment or Replacement of an Article

☐ I amend and restate Article/Section [____] of the Will to read in its entirety as follows:
"[INSERT FULL REPLACEMENT TEXT]".

(a) New Executor

☐ I revoke the nomination of Executor in the Will and nominate [NEW PRIMARY EXECUTOR NAME], of [ADDRESS], as Executor of my estate. If that person is unable or unwilling to serve, I nominate [ALTERNATE EXECUTOR NAME].

(b) New Guardian for Minor Children

☐ If I am the sole surviving parent or adopting parent of an unmarried minor child at my death and am entitled to make this appointment under 20 Pa.C.S. § 2519(a), I revoke the prior nomination in my Will and appoint [NEW PRIMARY GUARDIAN NAME], of [ADDRESS], as testamentary guardian of the person of that child during minority, with [ALTERNATE GUARDIAN NAME] as alternate.

☐ I revoke the prior nomination in my Will and appoint [NEW GUARDIAN OF PROPERTY NAME], of [ADDRESS], as guardian of property passing to a minor from me to the extent permitted by 20 Pa.C.S. § 2519(b), with [ALTERNATE GUARDIAN NAME] as alternate.

(c) New Trustee or Trust Beneficiary

☐ I revoke the designation of Trustee in the Will and nominate [NEW TRUSTEE NAME], of [ADDRESS], as Trustee of any trust created under the Will, with [SUCCESSOR TRUSTEE NAME] as alternate.

☐ I amend the beneficiary designation of the [NAME OF TRUST/ARTICLE] so that the beneficiary shall be [NEW BENEFICIARY NAME] in the share of [STATE SHARE/PERCENTAGE].

3.4 Additional Amendments

☐ [INSERT ANY ADDITIONAL AMENDING LANGUAGE: ______________________________________________]

ARTICLE 4

CONFIRMATION OF REMAINING WILL

I confirm my intent that the provisions of the Will not changed by this Codicil remain effective, subject to applicable law and any prior codicil that remains in effect.

ARTICLE 5

EXECUTION

I sign this Codicil at the end on this [____] day of [MONTH], 20___, at [CITY], Pennsylvania.

__________________________________
[TESTATOR NAME], Testator

Witness attestation (complete if using the self-proving affidavit below). We saw the Testator sign this Codicil and, in the Testator's hearing and sight, signed this Codicil as witnesses.

__________________________________ [WITNESS #1 NAME] Date: [__/__/____]

__________________________________ [WITNESS #2 NAME] Date: [__/__/____]

SELF-PROVING ACKNOWLEDGMENT AND AFFIDAVIT

(Pursuant to 20 Pa. Cons. Stat. § 3132.1)

Acknowledgment

Commonwealth of Pennsylvania (or State of ____________)
County of ____________

I, [TESTATOR NAME], the testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as a Codicil to my Last Will; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed.

Sworn to or affirmed and acknowledged before me by [TESTATOR NAME], the testator, this [____] day of [MONTH], 20___.

__________________________________
(Testator)

__________________________________
(Signature of officer authorized to administer oaths)
(Official seal and capacity of officer)

Affidavit

Commonwealth of Pennsylvania (or State of ____________)
County of ____________

We, [WITNESS #1 NAME] and [WITNESS #2 NAME], the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the testator sign and execute the instrument as a Codicil to the testator's Last Will; that the testator signed willingly and executed it as the testator's free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the Codicil as a witness; and that to the best of our knowledge the testator was at that time 18 or more years of age, of sound mind, and under no constraint or undue influence.

Sworn to or affirmed and subscribed before me by [WITNESS #1 NAME] and [WITNESS #2 NAME], witnesses, this [____] day of [MONTH], 20___.

__________________________________
Witness

__________________________________
Witness

__________________________________
(Signature of officer authorized to administer oaths)
(Official seal and capacity of officer)

SOURCES AND REFERENCES

• 20 Pa. Cons. Stat. §§ 2501, 2502, 2505, 2519 (capacity, execution, alteration, testamentary guardians): https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/20/00.025..HTM
• 20 Pa. Cons. Stat. §§ 3132, 3132.1, 3155(a) (probate proof, self-proved wills, executor designation): https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/20/00.031..HTM
• 20 Pa. Cons. Stat. § 102 ("will" includes codicil): https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/20/00.001..HTM