Codicil to Last Will & Testament - Virginia

CODICIL TO LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

ARTICLE I — RECITALS AND IDENTIFICATION

1.1 Identification. I, [TESTATOR FULL LEGAL NAME], presently residing at [STREET ADDRESS, CITY/COUNTY, VIRGINIA], being of lawful age and of sound mind and disposing memory, declare this instrument to be the [ORDINAL — e.g., "First," "Second"] Codicil (this "Codicil") to my Last Will and Testament.

1.2 Identification of the Will. I refer to my Last Will and Testament dated [__/__/____] (the "Will").

1.3 Prior Codicils.
☐ I have made no prior codicil to the Will.
☐ I have previously made the following codicil(s), each of which remains in effect except as modified herein: [LIST PRIOR CODICILS BY DATE: ____________________].

1.4 Purpose. I make this Codicil to amend the Will only in the particulars set forth in Article II. In all other respects I confirm, ratify, and republish the Will.

ARTICLE II — AMENDING PROVISIONS

2.1 Revocation of an Existing Provision

☐ I hereby REVOKE in its entirety [ARTICLE/SECTION NUMBER AND CAPTION, e.g., "Article V, Section 5.2(a)"] of the Will, and that provision shall be of no further force or effect.

☐ I hereby REVOKE the specific gift of [DESCRIBE PROPERTY OR SUM: ____________________] made to [BENEFICIARY NAME] under [ARTICLE/SECTION NUMBER] of the Will. The revoked gift shall pass under the Residuary Estate.

2.2 Addition of a New Provision or Bequest

☐ I hereby ADD the following bequest to the Will as a new [ARTICLE/SECTION NUMBER]:

"I give and bequeath [DESCRIBE PROPERTY OR SUM: ____________________] to [BENEFICIARY FULL LEGAL NAME], of [ADDRESS/RELATIONSHIP], if he or she survives me by thirty (30) days; otherwise this gift shall lapse and pass under the Residuary Estate."

☐ I hereby ADD the following provision to the Will as a new [ARTICLE/SECTION NUMBER]: [INSERT TEXT OF NEW PROVISION: ____________________].

2.3 Amendment or Replacement of an Existing Provision

☐ Amend and Replace Article/Section. I hereby DELETE [ARTICLE/SECTION NUMBER AND CAPTION] of the Will in its entirety and REPLACE it with the following:

"[INSERT FULL TEXT OF REPLACEMENT PROVISION: ____________________]"

☐ New Executor (Personal Representative). I hereby amend [ARTICLE/SECTION NUMBER, e.g., "Article VII"] of the Will to nominate [NEW EXECUTOR FULL NAME], of [ADDRESS], as Executor of my Will in place of the person previously named. If that nominee is unable or unwilling to serve, I nominate [ALTERNATE EXECUTOR FULL NAME] as successor. All other terms governing the office of Executor, including any bond waiver, remain in effect.

☐ New Guardian for Minor Children. I hereby amend [ARTICLE/SECTION NUMBER, e.g., "Article VIII"] of the Will to nominate [NEW GUARDIAN FULL NAME], of [ADDRESS], as guardian of the person and property of my minor child(ren) in place of the guardian previously named, with [ALTERNATE GUARDIAN FULL NAME] as successor.

☐ New Trustee or Trust Beneficiary. I hereby amend [ARTICLE/SECTION NUMBER] of the Will to provide that [NEW TRUSTEE FULL NAME] shall serve as Trustee of any trust created under the Will, and/or that the beneficiary of such trust shall be [NEW BENEFICIARY FULL NAME], on the terms stated in the Will except as modified here: [DESCRIBE ANY MODIFIED TERMS: ____________________].

☐ Change Residuary Beneficiary. I hereby amend the Residuary Estate provision of the Will ([ARTICLE/SECTION NUMBER]) to give all the rest, residue, and remainder of my estate to [NEW RESIDUARY BENEFICIARY FULL NAME], and if that beneficiary fails to survive me by thirty (30) days, to [ALTERNATE RESIDUARY BENEFICIARY FULL NAME], per stirpes (as construed under Va. Code Ann. § 64.2-202).

ARTICLE III — REPUBLICATION AND CONFIRMATION OF THE WILL

3.1 Will Remains in Full Force. Except as expressly amended by this Codicil, I confirm, ratify, and republish my Will dated [__/__/____], and all prior codicils not revoked herein, in every particular, and I declare that the Will, as so amended, continues to be my Last Will and Testament.

3.2 Express Republication (Va. Code Ann. § 64.2-452). I expressly confirm, ratify, and republish the Will except as altered by this Codicil. By executing this Codicil with the formalities required of a will, I republish my Will as of the date of this Codicil, and the Will shall be read and construed as though re-executed on that date.

3.3 Codicil Number. This is the [ORDINAL: ____________________] Codicil to my Will.

3.4 Integration. This Codicil shall be read together with the Will as a single, integrated testamentary plan and admitted to probate together with the Will.

ARTICLE IV — EXECUTION AND ATTESTATION (VA REQUIREMENTS — § 64.2-403)

IN WITNESS WHEREOF, I, [TESTATOR FULL LEGAL NAME], have signed this Codicil on this [DAY] day of [MONTH], [YEAR], at [CITY/COUNTY], Virginia, in the presence of the undersigned witnesses, who at my request and in my presence, and in the presence of each other, all present together at the same time, have subscribed their names as attesting witnesses, in accordance with Va. Code Ann. § 64.2-403.

ATTESTING WITNESSES

We, the undersigned witnesses, hereby declare that the Testator signed and acknowledged this instrument as a Codicil to the Testator's Last Will and Testament in our presence, and that we, in the Testator's presence and at the Testator's request, and in the presence of each other, all present together at the same time, have subscribed our names as witnesses on the date and at the place set forth above. We are each at least eighteen (18) years of age and otherwise competent to act as witnesses.

ARTICLE V — SELF-PROVING AFFIDAVIT (Va. Code Ann. § 64.2-452)

COMMONWEALTH OF VIRGINIA
COUNTY/CITY OF ______________________

Before me, the undersigned authority, on this day personally appeared [TESTATOR FULL LEGAL NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], known to me to be the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument and, all of these persons being by me first duly sworn, [TESTATOR FULL LEGAL NAME], the testator, declared to me and to the witnesses in my presence that said instrument is a Codicil to his last will and testament and that he had willingly signed or directed another to sign the same for him, and executed it in the presence of said witnesses as his free and voluntary act for the purposes therein expressed; and the said witnesses stated before me that the foregoing Codicil was executed and acknowledged by the testator as a Codicil to his last will and testament in the presence of said witnesses who, in his presence and at his request, and in the presence of each other, did subscribe their names thereto as attesting witnesses on the day of the date of said Codicil, and that the testator, at the time of execution, was over the age of eighteen years and of sound and disposing mind and memory.

________________________________________
Testator

________________________________________
Witness

________________________________________
Witness

Subscribed, sworn and acknowledged before me by [TESTATOR FULL LEGAL NAME], the testator, and subscribed and sworn before me by [WITNESS #1 NAME] and [WITNESS #2 NAME], witnesses, this ___ day of __________, A.D., 20___.

SIGNED ________________________________________

________________________________________
(Official Capacity of Officer)

My commission expires: __________________
Notary Registration No.: _________________

Sources and References

• Code of Virginia, Title 64.2 — Wills, Trusts, and Fiduciaries:
• Va. Code Ann. § 64.2-202 (per capita and per stirpes distribution): https://law.lis.virginia.gov/vacode/title64.2/chapter2/section64.2-202/
• Va. Code Ann. § 64.2-403 (execution of wills): https://law.lis.virginia.gov/vacode/title64.2/chapter4/section64.2-403/
• Va. Code Ann. § 64.2-452 (how will may be made self-proved): https://law.lis.virginia.gov/vacode/title64.2/chapter4/section64.2-452/
• Va. Code Ann. § 64.2-453 (self-proved wills): https://law.lis.virginia.gov/vacode/title64.2/chapter4/section64.2-453/

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