Codicil to Last Will & Testament - Vermont

CODICIL TO LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

ARTICLE I — IDENTIFICATION AND DECLARATION

1.1 Testator. I, [TESTATOR FULL LEGAL NAME], presently residing at [STREET ADDRESS], [CITY], Vermont, being of legal age and of sound mind and memory, and not acting under any constraint or undue influence, 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 the instrument dated [__/__/____] that I identify as my Last Will and Testament (the "Will"). Counsel-confirmed original location: [________________________________].

1.3 Prior Codicils.
☐ I have made no prior codicil to the Will.
☐ I have previously signed the following codicil(s), which counsel has reviewed for continued effect and conflict: [LIST EACH DATE AND RESULT: ____________________].

1.4 Purpose. I make this Codicil to amend the Will only in the particulars stated in Article II. I intend provisions not expressly changed here to remain unchanged, subject to counsel's conflict and later-instrument review.

ARTICLE II — AMENDING PROVISIONS

2.1 Revocation of an Existing Provision

☐ I hereby REVOKE in its entirety [ARTICLE/SECTION NUMBER AND CAPTION, e.g., "Section 3.3(b) (Monetary/Other Gifts)"] of the Will, and that provision shall be of no further force or effect.

☐ I hereby REVOKE the specific bequest of [DESCRIBE PROPERTY OR SUM, e.g., "$10,000"] made to [BENEFICIARY NAME] under [ARTICLE/SECTION NUMBER] of the Will. Counsel-confirmed resulting disposition: [________________________________].

2.2 Addition of a New Provision or Bequest

☐ I hereby ADD the following bequest to the Will as a new [ARTICLE/SECTION NUMBER, e.g., "Section 3.3(c)"]:

"I give [DESCRIBE PROPERTY OR SUM: ____________________________________] to [BENEFICIARY FULL LEGAL NAME], of [ADDRESS/RELATIONSHIP], if he or she survives me by thirty (30) days. If such beneficiary does not so survive me, this gift shall become part of my 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: ____________________________________]"

☐ Personal Representative Nomination. I propose to replace [EXACT WILL PROVISION] with a nomination of [NEW NOMINEE] and alternate [ALTERNATE]. Counsel-confirmed appointment, priority, qualification, bond, powers, and successor terms: [________________________________].

☐ Guardian Nomination. I propose to replace [EXACT WILL PROVISION] with [NEW NOMINEE] and alternate [ALTERNATE]. Counsel-confirmed permissible scope, appointment standard, priority, powers, bond, and court process: [________________________________].

☐ New Trustee or Trust Beneficiary. I hereby amend [ARTICLE/SECTION NUMBER, e.g., "Section 3.6"] 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 Clause 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.

ARTICLE III — COORDINATION WITH THE WILL

3.1 Statement of Intent. Except for the exact changes identified in Article II, I intend the Will dated [__/__/____] and prior codicils listed in Section 1.3 to remain unchanged.

3.2 Later-Writing Review. ☐ Counsel has compared this Codicil with every known will and codicil and analyzed § 11's express-revocation, inconsistency, complete-disposition, and incomplete-disposition rules. Identified conflict and resolution: [________________________________].

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

3.4 Document Control. Original Will location: [________________________________]. Prior codicil locations: [________________________________]. Delivery, safekeeping, allowance, and filing instructions supplied by counsel: [________________________________].

ARTICLE IV — EXECUTION (VERMONT FORMALITIES — 14 V.S.A. § 5)

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

4.1 Signature of Testator

I sign this Codicil to my Last Will and Testament, declaring it to be such, in the presence of the witnesses whose names appear below.

______________________________
[TESTATOR FULL LEGAL NAME], Testator

4.2 Witness Attestation

We, the undersigned, attest that the Testator signed this Codicil, or expressly directed another person to sign it in the Testator's presence, while we were present. We subscribe as witnesses in the presence of the Testator and each other. Each witness has disclosed any devise or legacy to the witness or the witness's spouse for counsel's § 10 review.

ARTICLE V — SELF-PROVING AFFIDAVIT (14 V.S.A. § 108)

State of Vermont
County of ______________________ ss.

On this ___ day of __________, 20___, before me, a Notary Public (or other official authorized to administer oaths in the place of execution), personally appeared [TESTATOR FULL LEGAL NAME], [WITNESS 1 FULL NAME], and [WITNESS 2 FULL NAME], known to me or satisfactorily proven to be the persons whose names are subscribed to the foregoing Codicil, and all being duly sworn, did depose and say that the following circumstances of execution are true (14 V.S.A. § 108):

1. The Testator signed the instrument as a Codicil to the Testator's Last Will and Testament, or expressly directed another to sign for the Testator, in the presence of the two witnesses.
2. The signing was the Testator's free and voluntary act for the purposes expressed in the Codicil and the Will it amends.
3. Each witness signed at the request of the Testator, in the Testator's presence, and in the presence of the other witness.
4. To the best knowledge of each witness at the time of signing, the Testator was at least eighteen (18) years of age (or emancipated by court order), of sound mind, and under no constraint or undue influence.

______________________________
[TESTATOR FULL LEGAL NAME], Testator

______________________________
[WITNESS 1 FULL NAME], Witness

______________________________
[WITNESS 2 FULL NAME], Witness

Subscribed, sworn to, and acknowledged before me the day and year first above written.

______________________________
Notary Public
My commission expires: __________

Sources and References

• Vermont Statutes, Title 14 — Decedents' Estates and Fiduciary Relations:
• 14 V.S.A. § 1 (who may make a will): https://legislature.vermont.gov/statutes/section/14/001/00001
• 14 V.S.A. § 5 (execution of wills): https://legislature.vermont.gov/statutes/section/14/001/00005
• 14 V.S.A. § 10 (devise or legacy to witness): https://legislature.vermont.gov/statutes/section/14/001/00010
• 14 V.S.A. § 11 (revocation and later wills): https://legislature.vermont.gov/statutes/section/14/001/00011
• 14 V.S.A. § 108 (self-proved wills): https://legislature.vermont.gov/statutes/section/14/003/00108

END OF DOCUMENT