Codicil to Last Will & Testament - Rhode Island

CODICIL TO LAST WILL AND TESTAMENT

Before signing: Choose witnesses who receive no gift under the Will or this Codicil. R.I. Gen. Laws § 33-6-1 voids a gift to a person who attests the instrument giving that gift, though the person may still testify about its execution.

OF [________________________________]

State of Rhode Island

I, [________________________________] ("Testator"), of the City/Town of [________________________________], County of [________________________________], State of Rhode Island, being of the age of eighteen (18) years or older, of sound mind and disposing memory, and not acting under duress, menace, fraud, or undue influence of any person, do hereby make, publish, and declare this instrument to be a Codicil to my Last Will and Testament.

ARTICLE I -- IDENTIFICATION OF PRIOR WILL AND CODICILS

Section 1.1 -- The Will Being Amended

I refer to my Last Will and Testament dated [__/__/____] (the "Will"), and I hereby amend and supplement the Will by this Codicil.

Section 1.2 -- Codicil Number

This is the [____] (e.g., First, Second, Third) Codicil to my Will.

Section 1.3 -- Prior Codicils

☐ I have executed no prior codicils to the Will.
☐ I have previously executed the following codicil(s) to the Will, which remain in effect except as modified herein:

ARTICLE II -- DECLARATION OF CONTINUING EFFECT

Except as expressly modified, amended, revoked, or supplemented by this Codicil (and by any prior codicil that remains in effect), I hereby ratify and confirm my Will in all respects, and I direct that my Will shall remain in full force and effect. In the event of any conflict between the provisions of this Codicil and the provisions of my Will or any prior codicil, the provisions of this Codicil shall control.

ARTICLE III -- AMENDING PROVISIONS

Section 3.1 -- REVOKE an Article, Section, or Bequest

☐ I hereby revoke in its entirety Article/Section [________________] of my Will [titled "[________________]"].

☐ I hereby revoke the specific bequest of [description of property/gift] to [________________] contained in Article/Section [________________] of my Will. The revoked gift shall ☐ fall into and pass as part of my residuary estate ☐ pass instead as provided in Section 3.2 below.

Section 3.2 -- ADD a New Bequest

☐ I hereby add the following bequest to my Will:

I give, devise, and bequeath [description of property / dollar amount / percentage] to [________________________________] (relationship: [________________]), provided that such beneficiary survives me by [____] days. If such beneficiary does not so survive me, this gift shall:

☐ Lapse and fall into my residuary estate.
☐ Pass to the alternate beneficiary: [________________________________].
☐ Pass to such beneficiary's issue, per stirpes.

Section 3.3 -- AMEND or REPLACE an Article (Substituted Provision)

☐ I hereby delete Article/Section [________________] of my Will and substitute the following in its place:

[____________________________________________________________]
[____________________________________________________________]
[____________________________________________________________]

Section 3.4 -- Change of Executor (Personal Representative)

☐ I hereby revoke the appointment of the Executor named in Article/Section [________________] of my Will and instead nominate and appoint:

Executor Name: [________________________________]

Address: [________________________________]

Relationship: [________________________________]

☐ If the above-named Executor is unable or unwilling to serve, I nominate as Successor Executor: [________________________________], of [________________________________].

I request that any Executor appointed under this Codicil be exempt from providing surety. Under R.I. Gen. Laws § 33-17-4, this request does not eliminate the bond itself, and the probate court may require a bond with surety.

Section 3.5 -- Change of Guardian for Minor Children

☐ I hereby revoke the nomination of Guardian contained in Article/Section [________________] of my Will and instead nominate as Guardian of the Person of my minor child(ren):

Guardian Name: [________________________________]

Address: [________________________________]

Relationship: [________________________________]

☐ Successor Guardian: [________________________________], of [________________________________].

Section 3.6 -- Change of Trustee or Trust Beneficiary

☐ I hereby revoke the appointment of the Trustee named in Article/Section [________________] of my Will and instead nominate [________________________________] as Trustee.

☐ I hereby amend the trust beneficiary or distribution terms in Article/Section [________________] of my Will to read as follows: [____________________________________________________________]

Section 3.7 -- Additional Amendments

☐ I make the following additional amendments to my Will: [____________________________________________________________]
[____________________________________________________________]

ARTICLE IV -- REAFFIRMATION

By executing this Codicil with the formalities required for a Will under R.I. Gen. Laws § 33-5-5, I reaffirm my Will, as amended by this Codicil and by any prior codicil that remains in effect, as an expression of my present testamentary intent.

ARTICLE V -- GENERAL PROVISIONS

Section 5.1 -- Severability

If any provision of this Codicil is held invalid or unenforceable, such invalidity shall not affect the remaining provisions of this Codicil or my Will, which shall remain in full force and effect.

Section 5.2 -- Governing Law

This Codicil shall be governed by and construed in accordance with the laws of the State of Rhode Island. I intend that this Codicil and my Will be offered together to the probate court with jurisdiction over my estate.

Section 5.3 -- Headings

Headings and titles are for convenience only and shall not affect interpretation.

ARTICLE VI -- EXECUTION

Section 6.1 -- Testator's Declaration and Signature

IN WITNESS WHEREOF, I, [________________________________], the Testator, do hereby declare to the undersigned witnesses that this instrument, consisting of [____] pages (including this page), is a Codicil to my Last Will and Testament, that I sign it willingly, that I execute it as my free and voluntary act, and that I am eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.

Testator Signature: ________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Section 6.2 -- Witness Attestation

Pursuant to R.I. Gen. Laws § 33-5-5, we, the undersigned witnesses, declare that the Testator, [________________________________], signed this Codicil or acknowledged the Testator's signature in the presence of both of us at the same time. We attested and signed this Codicil in the Testator's presence.

We further declare that the Testator appeared to be of sound mind and legal age, and was not acting under duress, menace, fraud, or undue influence.

Witness 1:

Signature: ________________________________

Printed Name: [________________________________]

Address: [________________________________]

City/Town: [________________________________], State: [____]

Date: [__/__/____]

Witness 2:

Signature: ________________________________

Printed Name: [________________________________]

Address: [________________________________]

City/Town: [________________________________], State: [____]

Date: [__/__/____]

Section 6.3 -- Optional Affidavit of Subscribing Witnesses

Under R.I. Gen. Laws § 33-7-26, one or more subscribing witnesses may make this proof affidavit at any time after execution. In the absence of objection by an interested person, the probate court may accept it as sufficient evidence of due execution. It is not a substitute for contested-probate proof.

STATE OF RHODE ISLAND

COUNTY OF [________________________________]

In [________________] on this [____] day of [________________], 20[____], before me personally appeared the undersigned, who, being duly sworn, depose and say that: they witnessed the execution of the codicil of [________________________________]; that the signature to the codicil is in the handwriting of the testator or was made by some other person for the testator, in the testator's presence and by the testator's express direction; that the testator signed the codicil and declared it to be a codicil to the testator's last will in their presence; that they thereafter subscribed it in the presence of the testator and each other; that at the time of execution the testator appeared to be of sound mind and eighteen (18) years of age or over; and that the signatures of the witnesses on the codicil are genuine.

Witness 1 Signature: ________________________________

Witness 2 Signature: ________________________________

Subscribed and sworn to before me on the day and date first above written.

Notary Public Signature: ________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARIAL SEAL]

CHECKLIST FOR COMPLETION

☐ Date of the original Will being amended is correctly stated (Section 1.1)
☐ Ordinal number of this Codicil entered (Section 1.2)
☐ All prior codicils listed and their continuing effect confirmed (Section 1.3)
☐ Only the applicable amending clauses in Article III are completed; unused clauses deleted
☐ Affected Articles/Sections of the Will identified by exact heading and number
☐ Reaffirmation clause reviewed (Article IV)
☐ Testator signed or acknowledged the signature before two witnesses present at the same time
☐ Two witnesses attested and signed in the Testator's presence; neither receives a gift under the instrument witnessed (§ 33-6-1)
☐ Optional subscribing-witness proof affidavit completed under § 33-7-26
☐ Original Codicil stored with the original Will in a secure location
☐ Attorney review completed before execution

SOURCES AND REFERENCES

• R.I. Gen. Laws § 33-5-2 -- Who May Make a Will (18 years of age, sound mind): https://webserver.rilegislature.gov/Statutes/TITLE33/33-5/33-5-2.htm
• R.I. Gen. Laws § 33-5-5 -- Execution of Will (in writing, signed by testator, attested and subscribed in testator's presence by two or more witnesses): https://webserver.rilegislature.gov/Statutes/TITLE33/33-5/33-5-5.htm
• R.I. Gen. Laws § 33-6-1 -- Gifts to attesting witnesses: https://webserver.rilegislature.gov/Statutes/TITLE33/33-6/33-6-1.htm
• R.I. Gen. Laws § 33-5-10 -- Methods of revoking will: https://webserver.rilegislature.gov/Statutes/TITLE33/33-5/33-5-10.htm
• R.I. Gen. Laws § 33-7-26 -- Proof of purported will or codicil; subscribing-witness affidavit: https://webserver.rilegislature.gov/Statutes/TITLE33/33-7/33-7-26.htm
• R.I. Gen. Laws § 33-17-4 -- Testamentary surety exemption: https://webserver.rilegislature.gov/Statutes/TITLE33/33-17/33-17-4.htm