Codicil to Last Will & Testament

CODICIL TO LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

I. DOCUMENT HEADER

1.1 Title. This instrument is a Codicil (the "Codicil") to the Last Will and Testament of the undersigned Testator.

1.2 Testator Identification. I, [TESTATOR FULL LEGAL NAME], a resident of [COUNTY] County, South Carolina, being of lawful age (at least eighteen years old) and of sound mind and memory, and under no constraint or undue influence, hereby make, publish, and declare this Codicil to my Last Will and Testament.

1.3 Nature of a Codicil. Under S.C. Code Ann. § 62-1-201, the term "will" includes a codicil. A codicil amends an existing will without revoking it in full and, when validly executed with the same formalities required for a will, republishes the will as of the date of the codicil. This Codicil must be executed in accordance with S.C. Code Ann. § 62-2-502.

1.4 Governing Law. This Codicil shall be governed by and construed in accordance with the laws of the State of South Carolina.

II. IDENTIFICATION OF THE WILL AND PRIOR CODICILS

2.1 Will Being Amended. I refer to my Last Will and Testament dated [DATE OF ORIGINAL WILL] (the "Will"), which I hereby amend and supplement by this Codicil.

2.2 Codicil Number. This is the [ORDINAL -- e.g., First / Second] Codicil to my Will.

2.3 Prior Codicils.
(a) ☐ I have executed no prior codicils to the Will.
(b) ☐ I have previously executed the following codicil(s), which remain in effect except as modified by this Codicil:

• Codicil dated [DATE];
• Codicil dated [DATE].

III. CONTINUING EFFECT OF THE WILL

3.1 Ratification. Except as expressly amended, revoked, or supplemented by this Codicil (and any prior codicil that remains in effect), I hereby ratify, confirm, and republish my Will in all respects and direct that it remain in full force and effect.

3.2 Conflict. In the event of any conflict between this Codicil and my Will or any prior codicil, the terms of this Codicil shall control.

IV. AMENDING PROVISIONS

DRAFTING NOTE: Complete only the model clauses below that apply. Delete unused clauses before execution. Identify each affected Section of the Will by its exact heading and number.

4.1 Revoke an Article, Section, or Gift.
(a) ☐ I revoke in its entirety Section [____] of my Will [titled "[__________]"].
(b) ☐ I revoke the specific gift of [DESCRIPTION OF PROPERTY/GIFT] to [BENEFICIARY NAME] in Section [____] of my Will. The revoked gift shall ☐ fall into the Residue ☐ pass as provided in Section 4.2 below.

4.2 Add a New Gift.
☐ I give [DESCRIPTION OF PROPERTY / DOLLAR AMOUNT / PERCENTAGE] to [BENEFICIARY NAME] (relationship: [__________]), if such Beneficiary survives me by 120 hours. If such Beneficiary does not survive me, this gift shall ☐ fall into the Residue ☐ pass to [ALTERNATE BENEFICIARY] ☐ pass to such Beneficiary's descendants, per stirpes.

4.3 Amend or Replace an Article (Substituted Provision).
☐ I delete Section [____] of my Will and substitute the following in its place:
[INSERT REPLACEMENT TEXT]
[INSERT REPLACEMENT TEXT]

4.4 Change of Personal Representative (Executor).
(a) ☐ I revoke the appointment of the Personal Representative named in Section [____] of my Will and instead nominate [NEW PERSONAL REPRESENTATIVE NAME], of [ADDRESS] (relationship: [__________]).
(b) ☐ Successor: If the foregoing nominee fails or ceases to act, I nominate [SUCCESSOR PERSONAL REPRESENTATIVE NAME].
(c) No bond shall be required of any Personal Representative named in this Codicil.

4.5 Change of Guardian for Minor Children.
☐ I revoke the guardianship nomination in Section [____] of my Will and instead nominate [NEW GUARDIAN NAME] as guardian of the person and estate of my minor child(ren), and [SUCCESSOR GUARDIAN NAME] as successor guardian.

4.6 Change of Trustee or Trust Beneficiary.
(a) ☐ I revoke the Trustee named in Section [____] of my Will and nominate [NEW TRUSTEE NAME] as Trustee.
(b) ☐ I amend the trust beneficiary or distribution terms in Section [____] of my Will to read: [INSERT AMENDED TERMS].

4.7 Additional Amendments.
☐ I make the following additional amendments: [INSERT ADDITIONAL AMENDMENTS].

V. REPUBLICATION

By executing this Codicil with the formalities required for a will under S.C. Code Ann. § 62-2-502, I republish and reaffirm my Will, as amended by this Codicil and by any prior codicil that remains in effect, and I declare that my Will, as so amended, expresses my present testamentary intent. My Will shall be deemed re-executed as of the date of this Codicil.

VI. GENERAL PROVISIONS

6.1 Severability. If any provision of this Codicil is held invalid, the remaining provisions of this Codicil and of my Will shall remain in full force and effect.

6.2 Headings. Headings are for convenience only and do not affect interpretation.

6.3 Forum. Exclusive venue for probate of this Codicil and my Will shall lie in the probate court of the South Carolina county in which I am domiciled at death.

VII. EXECUTION BLOCK & SELF-PROVING AFFIDAVIT

7.1 Signature of Testator.
IN WITNESS WHEREOF, I, [TESTATOR FULL LEGAL NAME], have signed this Codicil on this ___ day of __________, 20___.

____________________________________
[TESTATOR FULL LEGAL NAME], Testator

7.2 Attestation of Witnesses (S.C. Code Ann. § 62-2-502).
We, the undersigned witnesses, each do hereby declare in the presence of the Testator that the Testator signed and executed this Codicil to the Testator's Last Will and Testament, that the Testator signed it willingly and as a free and voluntary act, and that each of us, in the presence of the Testator, signs this Codicil as witness to the Testator's signing, and to the best of our knowledge the Testator is eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.

Witness #1: ____________________________________
Print Name: _____________________________________
Address: _______________________________________

Witness #2: ____________________________________
Print Name: _____________________________________
Address: _______________________________________

7.3 Self-Proving Affidavit (S.C. Code Ann. § 62-2-503) (Strongly Recommended).

The following form (for self-proving simultaneously with execution) follows § 62-2-503(a). References to "will" include this Codicil pursuant to § 62-1-201.

I, [TESTATOR FULL LEGAL NAME], the testator, sign my name to this instrument this ___ day of __________, 20___, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as a codicil to my last will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen years of age or older (or if under the age of eighteen, am married or emancipated as decreed by a family court), of sound mind, and under no constraint or undue influence.

____________________________________
[TESTATOR FULL LEGAL NAME], Testator

We, [WITNESS #1 NAME] and [WITNESS #2 NAME], the witnesses, sign our names to this instrument, and at least one of us, being first duly sworn, does hereby declare, generally and to the undersigned authority, that the testator signs and executes this instrument as a codicil to the testator's last will and that the testator signs it willingly (or willingly directs another to sign for the testator), and that each of us, in the presence and hearing of the testator, hereby signs this codicil as witness to the testator's signing, and that to the best of our knowledge the testator is eighteen years of age or older (or if under the age of eighteen, was married or emancipated as decreed by a family court), of sound mind, and under no constraint or undue influence.

____________________________________
[WITNESS #1 NAME], Witness

____________________________________
[WITNESS #2 NAME], Witness

The State of South Carolina
County of __________

Subscribed, sworn to, and acknowledged before me by the Testator and the witnesses on this ___ day of __________, 20___.

____________________________________
Notary Public for South Carolina
My Commission Expires: _______________

(SEAL)

CHECKLIST FOR COMPLETION

☐ Date of the original Will being amended stated (Section 2.1)
☐ Ordinal number of this Codicil entered (Section 2.2)
☐ Prior codicils listed and continuing effect confirmed (Section 2.3)
☐ Only applicable amending clauses in Article IV completed; unused clauses deleted
☐ Each affected Section of the Will identified by exact heading and number
☐ Republication clause reviewed (Article V)
☐ Codicil signed by Testator in the presence of two witnesses
☐ Self-proving affidavit executed before a Notary Public (recommended)
☐ Original Codicil stored with the original Will
☐ Attorney review completed before execution

SOURCES AND REFERENCES

• S.C. Code Ann. § 62-1-201 -- Definitions ("will" includes codicil): https://www.scstatehouse.gov/code/t62c001.php
• S.C. Code Ann. § 62-2-502 -- Execution of Wills (writing, signed by testator, signed by two witnesses): https://www.scstatehouse.gov/code/t62c002.php
• S.C. Code Ann. § 62-2-503 -- Attestation and Self-Proving (statutory affidavit forms): https://law.justia.com/codes/south-carolina/title-62/article-2/section-62-2-503/