Codicil to Last Will & Testament

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. A codicil amends an existing will without revoking it in full and, when executed with the same formalities required for a will under SDCL § 29A-2-502, republishes the will as of the date of the codicil.

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:

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 hereby ratify, confirm, and republish my Will in all respects and direct that it remain in full force and 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]
[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. No bond shall be required of any Personal Representative named in this Codicil unless a court orders otherwise for good cause shown.

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].

5. REPUBLICATION

By executing this Codicil with the formalities required for a will under SDCL § 29A-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.

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, and exclusive jurisdiction over its probate shall lie in the probate court of the county in which I reside at my death.

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 and declared this instrument to be a Codicil to his/her/their Last Will and Testament, and that the testator appeared to us to be of sound mind and not acting under duress, fraud, or undue influence. We sign our names hereto as witnesses in the presence of the testator and of each other.

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
☐ Republication clause reviewed (Section 5)
☐ Codicil signed by Testator in the presence of two witnesses
☐ Witnesses signed in the presence of the Testator and each other
☐ 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-2-502 -- Execution of Wills (writing, signed by testator, signed by two witnesses): https://sdlegislature.gov/Statutes/29A-2-502
• SDCL § 29A-2-504 -- Self-Proved Will (statutory affidavit forms): https://sdlegislature.gov/Statutes/29A-2-504

END OF DOCUMENT