Codicil to Last Will & Testament - South Dakota
CODICIL TO LAST WILL AND TESTAMENT
of
[TESTATOR FULL LEGAL NAME]
(State of South Dakota)
1. DECLARATION
I, [TESTATOR FULL LEGAL NAME], a resident of [COUNTY], South Dakota, being of legal age (at least eighteen years) and of sound mind and memory, and under no constraint or undue influence, do hereby make, publish, and declare this to be a Codicil (the "Codicil") to my Last Will and Testament.
Under SDCL § 29A-1-201, the term "will" includes a codicil. I intend this Codicil to supplement the Will identified below and to change it only as expressly stated here or to the extent the two instruments are inconsistent, subject to SDCL § 29A-2-507.
Effective Date: This Codicil shall take effect upon my death.
2. 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
☐ I have executed no prior codicils to the Will.
☐ I have previously executed the following codicil(s), which remain in effect except as modified by this Codicil:
| # | Codicil (e.g., First) | Date Executed |
|---|---|---|
| 1 | [________________] | [__/__/____] |
| 2 | [________________] | [__/__/____] |
3. CONTINUING EFFECT OF THE WILL
Except as expressly amended, revoked, or supplemented by this Codicil (and any prior codicil that remains in effect), I confirm my Will and direct that it remain in effect. In the event of any conflict between this Codicil and my Will or any prior codicil, the terms of this Codicil shall control.
4. 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 Residuary Estate ☐ pass as provided in Section 4.2 below.
4.2 Add a New Gift
☐ I give [DESCRIPTION OF PROPERTY / SUM / PERCENTAGE], free of encumbrances, to [BENEFICIARY NAME] (relationship: [__________]). If such beneficiary predeceases me, this gift shall ☐ fall into the Residuary Estate ☐ 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]
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 EXECUTOR NAME], of [ADDRESS] (relationship: [__________]).
b. ☐ Successor: If the foregoing nominee is unable or unwilling to serve, I nominate [SUCCESSOR EXECUTOR NAME].
c. I request that no bond be required of the Personal Representative named here, except as required by law or ordered by the court.
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 my minor child(ren) and, if appropriate, conservator of their estate, subject to court appointment, 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].
5. EFFECT ON EARLIER WILL
I intend this Codicil to supplement, rather than wholly replace, my Will. I revoke or change only the provisions expressly identified here and any provisions that cannot be reconciled with this Codicil. The remaining provisions of my Will and any prior codicil that remains effective continue to express my testamentary intent, subject to SDCL § 29A-2-507.
6. SEVERABILITY & MISCELLANEOUS
If any provision of this Codicil is determined to be invalid or unenforceable, the remaining provisions of this Codicil and of my Will shall nevertheless be given full force and effect. Headings are for convenience only and shall not affect interpretation. This Codicil is governed by the laws of the State of South Dakota, subject to any applicable conflict-of-laws and probate-venue rules.
7. EXECUTION BLOCK
I, [TESTATOR FULL LEGAL NAME], sign my name to this Codicil on this ___ day of __________, 20___, at ______________________________________ [city/state].
______________________________
[TESTATOR SIGNATURE]
WITNESS ATTESTATION (SDCL § 29A-2-502)
We, the undersigned witnesses, declare that on the date written above [TESTATOR FULL LEGAL NAME], whom we know or have satisfactorily identified, signed or acknowledged the signature on this Codicil, and that the testator appeared to us to be of sound mind and not acting under duress, fraud, or undue influence. Each of us witnessed the signing or acknowledgment and signed this Codicil in the conscious presence of the testator.
| Witness # | Signature | Printed Name | Address | Date |
|---|---|---|---|---|
| 1 | _____________________ | _____________________ | _____________________ | __________ |
| 2 | _____________________ | _____________________ | _____________________ | __________ |
SELF-PROVING AFFIDAVIT (SDCL § 29A-2-504) (Strongly Recommended)
The following form (for simultaneous execution and self-proof) follows SDCL § 29A-2-504(a). The term "will" includes this Codicil pursuant to SDCL § 29A-1-201.
I, [TESTATOR FULL LEGAL NAME], the testator, sign my name to this instrument this ___ day of __________, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as a codicil to my 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, of sound mind, and under no constraint or undue influence.
______________________________
Testator
We, [WITNESS #1 NAME], [WITNESS #2 NAME], the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the testator signs and executes this instrument as the testator's codicil and that the testator signs it willingly (or willingly directs another to sign for the testator), that the testator executes it as the testator's free and voluntary act for the purposes therein expressed, 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, of sound mind, and under no constraint or undue influence.
______________________________
Witness
______________________________
Witness
The State of South Dakota
County of ________________________
Subscribed, sworn to and acknowledged before me by [TESTATOR NAME], the testator, and subscribed and sworn to before me by [WITNESS #1 NAME] and [WITNESS #2 NAME], witnesses, this ___ day of __________.
(Seal)
(Signed) ____________________________
____________________________
(Official capacity of officer)
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 Section 4 completed; unused clauses deleted
☐ Each affected Section of the Will identified by exact heading and number
☐ Effect on the earlier Will reviewed (Section 5)
☐ Codicil signed by Testator in the presence of two witnesses
☐ Each witness signed in the Testator's conscious presence after witnessing the signature or acknowledgment
☐ Self-proving affidavit executed before a Notary Public (recommended)
☐ Original Codicil stored with the original Will
☐ Attorney review completed before execution
SOURCES AND REFERENCES
- SDCL § 29A-1-201 -- Definitions ("will" includes codicil): https://sdlegislature.gov/Statutes/29A-1-201
- SDCL § 29A-2-501 -- Age and sound-mind capacity: https://sdlegislature.gov/Statutes/29A-2-501
- SDCL § 29A-2-502 -- Execution of witnessed wills (writing, testator signature, two witnesses): https://sdlegislature.gov/Statutes/29A-2-502
- SDCL § 29A-2-507 -- Effect of a subsequent will: https://sdlegislature.gov/Statutes/29A-2-507
- SDCL § 29A-2-504 -- Self-Proved Will (statutory affidavit forms): https://sdlegislature.gov/Statutes/29A-2-504
END OF DOCUMENT
About this template
- Last updated
- October 1, 2026
- Citations checked
- October 1, 2026
- Jurisdiction
- South Dakota
- Category
- Estate Planning & Wills
Legal authority
- SDCL § 29A-1-201 (Definitions -- 'Will' Includes Codicil)
- SDCL § 29A-2-501 (Age and sound-mind capacity to make a will)
- SDCL § 29A-2-502 (Execution of witnessed wills)
- SDCL § 29A-2-507 (Effect of a subsequent will)
- SDCL § 29A-2-504 (Self-Proved Will -- Statutory Affidavit Forms)
Estate planning documents decide what happens to your property, your children, and your medical care when you cannot make those decisions yourself. Wills, trusts, powers of attorney, and health care directives each serve different purposes and each have to meet state law requirements for signing, witnessing, and notarization. A document that looks fine on the page but was not executed correctly can be rejected in probate, which is exactly when it is too late to fix.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 1, 2026.
SDCL § 29A-1-201 (checked October 1, 2026): ""Will" means an instrument, including a codicil, executed with testamentary intent and in the manner prescribed by this code, including an instrument which (i) disposes of property on or after the testator's death, (ii) appoints a personal representative, (iii) revokes or amends another will, (iv) nominates a guardian or conservator, or (v) expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession."
SDCL § 29A-2-501 (checked October 1, 2026): "An individual eighteen or more years of age who is of sound mind may make a will."
SDCL § 29A-2-502(b) (checked October 1, 2026): "A will not valid as a holographic will must be: (1) In writing; (2) Signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction; and (3) Signed in the conscious presence of the testator by two or more individuals who, in the conscious presence of the testator, witnessed either the signing of the will or the testator's acknowledgment of that signature."
SDCL § 29A-2-504(a) (checked October 1, 2026): "A will may be simultaneously executed, attested, and made self-proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which execution occurs and evidenced by the officer's certificate, under official seal, in substantially the following form:"
Draft your Codicil to Last Will & Testament in the editor
Answer a few questions, let the AI editor draft each section from your answers, review it, and download Word and PDF. $99 one time, or $249 per month for every document and every Ezel app.