Codicil to Last Will & Testament - Tennessee

CODICIL TO LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

1. DOCUMENT HEADER

This Codicil (the "Codicil") is executed on [EFFECTIVE DATE], by [TESTATOR FULL LEGAL NAME], currently residing at [TESTATOR ADDRESS] (the "Testator"), pursuant to the laws of the State of Tennessee, specifically Tenn. Code Ann. title 32 (the "Tennessee Probate Code").

The Testator, of sound mind and disposing memory and under no undue influence, declares this instrument to be a Codicil to the Testator's Last Will and Testament.

EXECUTION NOTE: Under In re Estate of Chastain, 401 S.W.3d 612 (Tenn. 2012), the Testator must sign the Codicil itself, or acknowledge a signature already made, in the presence of two attesting witnesses. The witnesses must sign in the presence of the Testator and of each other (Tenn. Code Ann. § 32-1-104). Signing the separate affidavit alone does not execute the Codicil. Complete the execution block in Section 8; the witness affidavit in Section 9 is additional proof for uncontested probate.

2. DEFINITIONS

In this Codicil, capitalized terms have the meanings below. Under Tenn. Code Ann. § 32-1-101, "will" includes a codicil.
"Will" means the Last Will and Testament identified in Section 3.1, as previously amended by any prior codicil that remains in effect.
"Beneficiary" means any person or entity entitled to receive a distribution under the Will as amended by this Codicil.
"Personal Representative" (used interchangeably with "Executor") means the person(s) serving to administer the Estate.

3. IDENTIFICATION OF THE WILL AND PRIOR CODICILS

3.1 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.

3.2 Codicil Number

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

3.3 Prior Codicils

3.3.1 ☐ I have executed no prior codicils to the Will.
3.3.2 ☐ I have previously executed the following codicil(s), which remain in effect except as modified by this Codicil:
a. Codicil dated [DATE].
b. Codicil dated [DATE].

4. CONTINUING EFFECT OF THE WILL

4.1 Ratification. Except as expressly amended, revoked, or supplemented by this Codicil (and any prior codicil that remains in effect), I confirm the provisions of my Will and intend them to remain effective.

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

5. 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.

5.1 Revoke an Article, Section, or Bequest

a. ☐ I revoke in its entirety Section [____] of my Will [titled "[__________]"].
b. ☐ I revoke the specific bequest of [DESCRIPTION OF ITEM OR AMOUNT] to [BENEFICIARY NAME] in Section [____] of my Will. The revoked gift shall ☐ fall into the Residuary Estate ☐ pass as provided in Section 5.2 below.

5.2 Add a New Bequest

☐ I give [DESCRIPTION OF ITEM OR AMOUNT] to [BENEFICIARY NAME] (relationship: [__________]), if such Beneficiary survives me by thirty (30) days. If such Beneficiary does not so survive me, this gift shall ☐ fall into the Residuary Estate ☐ pass to [ALTERNATE BENEFICIARY] ☐ pass to such Beneficiary's issue, per stirpes.

5.3 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]

5.4 Change of Personal Representative (Executor)

5.4.1 ☐ I revoke the appointment of the Personal Representative named in Section [____] of my Will and instead nominate [NEW EXECUTOR NAME], of [ADDRESS] (relationship: [__________]).
5.4.2 ☐ Successor: If the foregoing nominee is unable or unwilling to serve, I nominate [SUCCESSOR EXECUTOR NAME].
5.4.3 I request that the Personal Representative named in this Codicil serve without bond to the extent permitted by law, subject to the probate court's order.

5.5 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 [SUCCESSOR GUARDIAN NAME] as successor guardian, subject to court appointment.

5.6 Change of Trustee or Trust Beneficiary

5.6.1 ☐ I revoke the Trustee named in Section [____] of my Will and nominate [NEW TRUSTEE NAME] as Trustee.
5.6.2 ☐ I amend the trust beneficiary or distribution terms in Section [____] of my Will to read: [INSERT AMENDED TERMS].

5.7 Additional Amendments

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

6. CONFIRMATION OF AMENDMENTS

I intend the specific amendments in Section 5 to take effect upon my death. I otherwise confirm the provisions of my Will and any prior codicil that remains in effect. If a provision of this Codicil conflicts with an earlier provision, this Codicil states my current intent as to that provision.

7. GENERAL PROVISIONS

7.1 Severability. If any provision of this Codicil is held invalid, I intend the remaining provisions of this Codicil and my Will to remain effective to the extent permitted by law.
7.2 Headings. Section headings are for convenience only and do not affect interpretation.
7.3 Gender & Number. Masculine, feminine, and neuter include one another; singular includes plural.
7.4 Governing Law. This Codicil is made under the laws of the State of Tennessee.

8. EXECUTION BLOCK

IN WITNESS WHEREOF, I, [TESTATOR FULL LEGAL NAME], have signed this Codicil on the date written below, in the presence of the undersigned Witnesses, who have signed at my request, in my presence, and in the presence of each other, all in conformity with Tenn. Code Ann. § 32-1-104.

ATTESTING WITNESSES

We, the undersigned Witnesses, hereby declare that the Testator signed and executed this Codicil in our presence, declared it to be a Codicil to the Testator's Last Will and Testament, and requested us to act as witnesses. We affirm that the Testator appeared to us to be of sound mind and under no undue influence, and we sign in the presence of the Testator and of each other.

9. AFFIDAVIT OF ATTESTING WITNESSES (Tenn. Code Ann. § 32-2-110) (Optional)

Write this affidavit on the Codicil or, if impracticable, attach it to the Codicil. Under § 32-2-110, a sworn statement by an attesting witness may be accepted in uncontested probate as if taken before the court. This affidavit does not replace the signatures in Section 8.

State of Tennessee; County of [COUNTY]

Before me, the undersigned officer authorized to administer oaths, personally appeared [WITNESS #1 NAME] and [WITNESS #2 NAME], the attesting witnesses, who were duly sworn and state:

1. The Testator identified the foregoing instrument as the Testator's Codicil and signed it, or acknowledged the Testator's signature already made, in our presence.
2. We signed the Codicil as attesting witnesses in the presence of the Testator and of each other.
3. At the time of execution, the Testator appeared to us to be of sound mind and acting voluntarily.

_______________________________
[WITNESS #1 NAME], Witness

_______________________________
[WITNESS #2 NAME], Witness

Subscribed and sworn to before me by the attesting witnesses on [DATE].

_______________________________
Notary Public
My Commission Expires: ___________

CHECKLIST FOR COMPLETION

☐ Date of the original Will being amended stated (Section 3.1)
☐ Ordinal number of this Codicil entered (Section 3.2)
☐ Prior codicils listed and continuing effect confirmed (Section 3.3)
☐ Only applicable amending clauses in Section 5 completed; unused clauses deleted
☐ Each affected Section of the Will identified by exact heading and number
☐ Confirmation clause reviewed (Section 6)
☐ Testator signed the Codicil itself, or acknowledged the signature already made, in the presence of two witnesses (Section 8)
☐ Two witnesses signed in the presence of the Testator and each other
☐ If using Section 9, attesting witnesses swore to the affidavit before an officer authorized to administer oaths
☐ Original Codicil stored with the original Will
☐ Attorney review completed before execution

SOURCES AND REFERENCES

• Tenn. Code Ann. § 32-1-101 -- "will" includes codicil: https://law.justia.com/codes/tennessee/title-32/chapter-1/part-1/section-32-1-101/
• Tenn. Code Ann. § 32-1-104 -- attested-will execution: https://law.justia.com/codes/tennessee/title-32/chapter-1/part-1/section-32-1-104/ ; 2016 amendment: https://publications.tnsosfiles.com/acts/109/pub/pc0843.pdf
• Tenn. Code Ann. § 32-2-110 -- affidavit of attesting witnesses: https://law.justia.com/codes/tennessee/title-32/chapter-2/section-32-2-110/
• 2026 Tenn. Pub. Ch. 616, § 1 -- amended § 32-1-107, not the sections above: https://publications.tnsosfiles.com/acts/114/pub/pc0616.pdf
• In re Estate of Chastain, 401 S.W.3d 612 (Tenn. 2012) -- separate affidavit signature does not satisfy the testator-signature requirement: https://www.courtlistener.com/opinion/1043926/

END OF DOCUMENT