Codicil to Last Will & Testament

CODICIL TO LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

I. DOCUMENT HEADER

1. Identification and Capacity. I, [TESTATOR FULL LEGAL NAME], being over the age of eighteen (18), of sound mind, and a resident of [COUNTY], Washington, declare this instrument to be the [ORDINAL — e.g., "First," "Second"] Codicil (this "Codicil") to my Last Will and Testament.

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

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: ____________________].

4. Intent and Governing Law. I make this Codicil to amend the Will only in the particulars stated in Article III. It is my intent that this Codicil be executed, interpreted, and enforced in accordance with the laws of the State of Washington and that it fully comply with RCW 11.12.020.

II. PROPERTY CHARACTERIZATION (COMMUNITY PROPERTY)

A. Community Property Acknowledgment. I understand that Washington is a community property state. This Codicil disposes only of my interest in property subject to disposition by will, namely all of my separate property and my one-half (½) interest in community property, and shall not be construed to dispose of the share of community property belonging to my [spouse / state registered domestic partner].

B. Confirmation of Character. Any change in beneficiary or gift made by this Codicil applies to the foregoing dispositive interests only and is subject to the community property and quasi-community property rules of RCW ch. 26.16.

III. AMENDING PROVISIONS

A. Revocation of an Existing Provision

☐ I hereby REVOKE in its entirety [ARTICLE/SECTION REFERENCE, e.g., "Section III.A.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 REFERENCE] of the Will. The revoked gift shall pass under the Residuary Estate.

B. Addition of a New Provision or Bequest

☐ I hereby ADD the following bequest to the Will:

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

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

C. Amendment or Replacement of an Existing Provision

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

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

☐ New Personal Representative. I hereby amend [ARTICLE/SECTION REFERENCE, e.g., "Section III.B"] of the Will to nominate [NEW PERSONAL REPRESENTATIVE FULL NAME], of [ADDRESS], as Personal Representative in place of the person previously named, with [ALTERNATE PERSONAL REPRESENTATIVE FULL NAME] as successor. I direct that the Personal Representative continue to serve with nonintervention powers and without bond to the extent provided in the Will and permitted by RCW Title 11.

☐ New Guardian for Minor Children. I hereby amend [ARTICLE/SECTION REFERENCE, e.g., "Section III.D"] of the Will to nominate [NEW GUARDIAN FULL NAME], of [ADDRESS], as guardian of the person and estate 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 REFERENCE] 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 REFERENCE]) to give my Residuary Estate to [NEW RESIDUARY BENEFICIARY FULL NAME], per stirpes, and if that beneficiary fails to survive me, to [ALTERNATE RESIDUARY BENEFICIARY FULL NAME].

IV. REPUBLICATION AND CONFIRMATION OF THE WILL

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.

2. Republication. 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, except as modified by this Codicil.

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

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.

V. EXECUTION BLOCK (WASHINGTON FORMALITIES — RCW 11.12.020)

A. Signature of Testator

IN WITNESS WHEREOF, I, [TESTATOR FULL LEGAL NAME], the Testator, sign my name to this Codicil on this ___ day of __________, 20___, at [CITY], Washington, and declare that I sign and execute this instrument as a Codicil to my Last Will and Testament.

______________________________ Date: _______________
[TESTATOR FULL LEGAL NAME], Testator

B. Attestation Clause

We, the undersigned witnesses, declare that on the date written above, the Testator, who is personally known to us (or whose identity has been satisfactorily proven), declared this instrument to be a Codicil to the Testator's Last Will and Testament, signed it in our presence (or acknowledged a previously made signature), and requested that we, in the Testator's presence and in the presence of each other, sign this Codicil as witnesses. The Testator appeared to us to be of sound mind and under no undue influence. We are each at least eighteen (18) years old and competent to act as witnesses.

C. Self-Proving Affidavit (RCW 11.20.020(2))

STATE OF WASHINGTON )
) ss.
COUNTY OF [COUNTY] )

We, [TESTATOR FULL LEGAL NAME] and the undersigned witnesses, being first duly sworn, on oath declare:

1. The Testator signed and executed the foregoing instrument as a Codicil to the Testator's Last Will and Testament on the date thereof, or willingly directed another to sign for the Testator.
2. The witnesses were present and signed as witnesses in the Testator's presence and at the Testator's request.
3. The Testator was at least eighteen (18) years old, of sound mind, and under no undue influence.
4. Each witness is at least eighteen (18) years old and competent to act as a witness.

______________________________ ______________________________
[TESTATOR FULL LEGAL NAME], Testator Witness #1 Signature

______________________________ ______________________________
Witness #2 Signature Notary Public Signature

Notary Public for the State of Washington
Commission No.: ____________
My Commission Expires: ____________

Sources and References

• Revised Code of Washington (RCW), Title 11 — Probate and Trust Law:
• RCW 11.12.020 (requisites of wills): https://app.leg.wa.gov/rcw/default.aspx?cite=11.12.020
• RCW 11.20.020 (probate of will; proof): https://app.leg.wa.gov/rcw/default.aspx?cite=11.20.020
• RCW 11.02.005 (definitions): https://app.leg.wa.gov/rcw/default.aspx?cite=11.02.005
• RCW Title 26 — Domestic Relations (community property):
• RCW 26.16.030: https://app.leg.wa.gov/rcw/default.aspx?cite=26.16.030

END OF DOCUMENT