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.

CRITICAL EXECUTION NOTE (Tennessee strict compliance): Under In re Estate of Chastain, 401 S.W.3d 612 (Tenn. 2012), the Testator must sign the body of the Codicil itself in the presence of two attesting witnesses who sign in the presence of the Testator and of each other (Tenn. Code Ann. § 32-1-104). A signature on the self-proving affidavit alone does NOT satisfy the execution requirement and will not validate the Codicil. Execute the attestation block in Section 10 first; the affidavit in Section 11 is in addition to, not a substitute for, the witnessed signatures.

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 hereby ratify, confirm, and republish my Will in all respects and direct that it remain in full force and effect.

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 The Personal Representative named in this Codicil shall serve without bond, except as the probate court may otherwise require.

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 the person and estate of my minor child(ren), and [SUCCESSOR GUARDIAN NAME] as successor guardian.

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. REPUBLICATION

By executing this Codicil with the formalities required for a will under Tenn. Code Ann. § 32-1-104, 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.

7. GENERAL PROVISIONS

7.1 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.
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; Forum. This Codicil is governed by the laws of the State of Tennessee, and exclusive jurisdiction and venue for its probate shall lie in the probate court of [COUNTY], 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. SELF-PROVING AFFIDAVIT (Tenn. Code Ann. § 32-2-110) (Strongly Recommended)

The affidavit must be written on the Codicil or, if impracticable, on a paper attached to the Codicil. Per In re Estate of Chastain, this affidavit supplements but does NOT replace the witnessed signatures in Section 8; the Testator must have signed the body of the Codicil itself.

STATE OF TENNESSEE )
: ss.
COUNTY OF [COUNTY] )

Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], Testator, and [WITNESS #1 NAME] and [WITNESS #2 NAME], the attesting Witnesses, all personally known to me and of lawful age, who having been duly sworn, did depose and say:

1. The Testator executed the foregoing instrument as a Codicil to the Testator's Last Will and Testament and signed it willingly as the Testator's free and voluntary act.
2. The Witnesses witnessed the Testator signing the instrument (or acknowledging the Testator's signature) and signed the same in the presence of the Testator and in the presence of each other.
3. At the time of execution, the Testator was eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.

_______________________________
[TESTATOR NAME], Testator

_______________________________
[WITNESS #1 NAME], Witness

_______________________________
[WITNESS #2 NAME], Witness

Subscribed, sworn to, and acknowledged before me by the Testator and the 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
☐ Republication clause reviewed (Section 6)
☐ Testator signed the BODY of the Codicil (Section 8) in the presence of two witnesses (Chastain compliance)
☐ Two witnesses signed in the presence of the Testator and each other
☐ Self-proving affidavit executed before a Notary Public, written on or attached to the Codicil (recommended)
☐ Original Codicil stored with the original Will
☐ Attorney review completed before execution

SOURCES AND REFERENCES

• Tenn. Code Ann. § 32-1-101 -- Definitions ("will" includes codicil): https://codes.findlaw.com/tn/title-32-wills/tn-code-sect-32-1-101/
• Tenn. Code Ann. § 32-1-104 -- Execution of Wills (signature of testator and two witnesses): https://codes.findlaw.com/tn/title-32-wills/tn-code-sect-32-1-104/
• Tenn. Code Ann. § 32-2-110 -- Self-Proving Affidavit (written on or attached to the will): https://codes.findlaw.com/tn/title-32-wills/tn-code-sect-32-2-110/
• In re Estate of Chastain, 401 S.W.3d 612 (Tenn. 2012) -- strict compliance; testator must sign the will/codicil itself, not merely the self-proving affidavit.

END OF DOCUMENT