Codicil to Last Will & Testament - Utah

CODICIL TO LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

1. DOCUMENT HEADER

1.1 Title. This instrument is a Codicil (the "Codicil") to the Last Will and Testament of [TESTATOR FULL LEGAL NAME] (the "Testator").

1.2 Nature of a Codicil. Under Utah Code § 75-1-201(67), a will includes a codicil. This Codicil is intended to supplement the identified Will, changing only the provisions stated below. A later testamentary writing may change an earlier will expressly or by inconsistency under Utah Code § 75-2-507.

1.3 Execution and Effect. This Codicil is signed on the date below under Utah Code § 75-2-502. As a testamentary instrument, it takes effect at my death. I intend Utah law to govern its interpretation to the extent applicable.

2. IDENTIFICATION OF THE WILL AND PRIOR CODICILS

2.1 Will Being Amended. I, [TESTATOR FULL LEGAL NAME], a resident of [COUNTY], Utah, being at least eighteen (18) years of age and having testamentary capacity, 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 dated [DATE];
• Codicil dated [DATE].

3. CONTINUING EFFECT OF THE WILL

3.1 Continuing Intent. Except as expressly amended or revoked by this Codicil, I intend my Will and any prior codicil that remains in effect to continue to govern. I do not intend this Codicil to replace my Will in full.

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.

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 Bequest.

• ☐ I revoke in its entirety Section [____] of my Will [titled "[__________]"].
• ☐ I revoke the specific bequest 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 Bequest.
☐ I devise [DESCRIPTION OF PROPERTY / AMOUNT / PERCENTAGE] 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 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.

• ☐ I revoke the appointment of the Personal Representative named in Section [____] of my Will and instead nominate [NEW PERSONAL REPRESENTATIVE NAME], of [City, State] (relationship: [__________]).
• ☐ Successor: If the foregoing nominee fails to qualify or ceases to serve, I nominate [ALTERNATE PERSONAL REPRESENTATIVE NAME].

4.5 Change of Guardian for Minor Children.
☐ As a parent of [MINOR CHILD NAME(S)], I revoke the minor-guardian nomination in Section [____] of my Will and instead nominate [NEW GUARDIAN NAME] as guardian of the minor child(ren), and [ALTERNATE GUARDIAN NAME] as successor, subject to Utah Code § 75-5-202 and the rights of the other parent and child.

4.6 Change of Trustee or Trust Beneficiary.

• ☐ I revoke the Trustee named in Section [____] of my Will and nominate [NEW TRUSTEE NAME] as Trustee.
• ☐ 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 OF THIS CODICIL

I intend this Codicil to supplement the Will identified in Section 2. If a provision of this Codicil conflicts with a provision of that Will or a prior codicil, I intend the conflicting provision of this Codicil to control to that extent.

6. GENERAL PROVISIONS

6.1 Severability. If any provision of this Codicil is held invalid, I intend the remaining provisions of this Codicil and of my Will to remain effective to the extent permitted by law.

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

6.3 Related Instruments. Read this Codicil with my Will and any prior codicil that remains in effect, giving effect to each provision to the extent it is consistent with this Codicil.

7. EXECUTION BLOCK

Executed on this ___ day of __________, 20___, at [CITY], Utah.

______________________________
[TESTATOR FULL LEGAL NAME], Testator

WITNESS ATTESTATION (Utah Code Ann. § 75-2-502)

We, the undersigned witnesses, declare that on the date above, the Testator (i) signed or acknowledged this instrument in our presence, (ii) declared it to be a Codicil to the Testator's Last Will and Testament, and (iii) appeared to us to have testamentary capacity and to act voluntarily. We sign below as witnesses in the presence of the Testator and of each other.

1. __________________________ Date: __________
   [WITNESS #1 NAME]
   Address: _____________________

2. __________________________ Date: __________
   [WITNESS #2 NAME]
   Address: _____________________

8. SELF-PROVING AFFIDAVIT

(Utah Code Ann. § 75-2-504) (Strongly Recommended)

The following form (for simultaneous execution and self-proof) follows Utah Code Ann. § 75-2-504(1). The term "will" includes this Codicil pursuant to Utah Code Ann. § 75-1-201.

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 18 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 a codicil to the testator's 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 18 years of age or older, of sound mind, and under no constraint or undue influence.

______________________________
Witness

______________________________
Witness

State of Utah
County of __________

Subscribed, sworn to and acknowledged before me by [TESTATOR FULL LEGAL NAME], the testator, and subscribed and sworn to before me by [WITNESS #1 NAME] and [WITNESS #2 NAME], witnesses, this ___ day of __________.

(Signed) ____________________________
____________________________
(Official capacity of officer)

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 Section 4 completed; unused clauses deleted
☐ Each affected Section of the Will identified by exact heading and number
☐ Continuing effect and conflicts reviewed (Section 5)
☐ Codicil signed by Testator in the presence of two witnesses
☐ Witnesses signed in the presence of the Testator
☐ Self-proving affidavit executed before a Notary Public (recommended)
☐ Original Codicil stored with the original Will
☐ Attorney review completed before execution

SOURCES AND REFERENCES

• Utah Code §§ 75-1-201(67), 75-2-501, 75-2-502, 75-2-504, and 75-2-507: https://le.utah.gov/xcode/
• Utah Code § 75-5-202 (minor-guardian nomination): https://le.utah.gov/xcode/Title75/Chapter5/75-5-S202.html

END OF DOCUMENT