Codicil to Last Will & Testament - Wisconsin

CODICIL TO LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

(A Wisconsin Codicil Template)

ARTICLE I — PRELIMINARY MATTERS

1.1 Effective Date. This instrument is the [ORDINAL — e.g., "First," "Second"] Codicil (this "Codicil") to my Last Will and Testament. It is made on [DATE] and shall be effective upon my death.

1.2 Capacity & Identity. I, [TESTATOR FULL LEGAL NAME], a resident of [COUNTY], Wisconsin, being at least 18 years of age and of sound mind, declare this document to be a Codicil to my Will.

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

1.4 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: ____________________].

ARTICLE II — MARITAL PROPERTY ACKNOWLEDGMENT

2.1 Marital Property. I understand that Wisconsin is a marital property state under ch. 766. This Codicil disposes only of property subject to disposition by my will, namely my individual property and my interest in marital property, and does not purport to dispose of the marital property interest or statutory rights of my [spouse].

2.2 Effect on Classification. Any change of beneficiary or gift made by this Codicil applies to my disposable interests only and is subject to the classification and management rules of ch. 766.

ARTICLE III — AMENDING PROVISIONS

3.1 Revocation of an Existing Provision

☐ I hereby REVOKE in its entirety [ARTICLE/SECTION NUMBER AND CAPTION, e.g., "Article VII, § 7.1(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.

3.2 Addition of a New Provision or Bequest

☐ I hereby ADD the following gift to the Will:

"I give [DESCRIBE PROPERTY OR SUM: ____________________] to [BENEFICIARY FULL LEGAL NAME], of [ADDRESS/RELATIONSHIP]. If this gift fails, it shall 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: ____________________].

3.3 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 Personal Representative. I hereby amend [ARTICLE/SECTION NUMBER, e.g., "Article V"] of the Will to appoint [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. No bond shall be required of any Personal Representative unless a court specifically orders otherwise.

☐ New Guardian for Minor Children. I hereby amend [ARTICLE/SECTION NUMBER, e.g., "Article IX"] 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 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 no named beneficiary survives me, per stirpes to my then-living Children; if none, to my heirs at law under Wisconsin intestacy statutes.

ARTICLE IV — EFFECT ON THE PRIOR WILL

4.1 Express Scope. I intend this Codicil to change the Will dated [__/__/____] and prior codicils only as expressly stated here or to the extent of an actual inconsistency. Counsel shall identify every affected provision before execution.

4.2 Statutory Effect. Under Wis. Stat. § 853.11, a subsequent will may revoke an earlier will expressly or by inconsistency and is subject to separate replacement-versus-supplement presumptions. This Codicil does not declare that every provision of the Will is automatically re-executed as of today's date.

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

4.4 Document Control. Keep this Codicil with the identified Will and prior codicils. Probate treatment and the effect of any conflict remain subject to the governing instruments and current law.

ARTICLE V — EXECUTION & ATTESTATION (Wis. Stat. § 853.03)

I, [TESTATOR FULL LEGAL NAME], being of sound mind and 18 years of age or older, hereby sign this Codicil in the conscious presence of the undersigned witnesses, declaring the foregoing instrument to be a Codicil to my Last Will and Testament.

Date: ____________________, 20____

__________________________________
[TESTATOR SIGNATURE]
[PRINT NAME]

Witness Attestation

We, the undersigned witnesses, each declare under penalty of perjury that (1) the Testator signed this Codicil or acknowledged the Testator's signature or this Codicil in that witness's conscious presence and (2) the witness signed within a reasonable time afterward. This selected ceremony may be completed together, but § 853.03(2)(bm) permits the two witnesses to observe at different times.

Interested-witness screen: Section 853.07 does not invalidate a will merely
because an interested witness signed it, but subsection (2)(b) can invalidate
beneficial provisions for the witness or the witness's spouse above the
intestate share unless an exception applies. Counsel has reviewed each
witness's status: ☐ Witness 1 cleared ☐ Witness 2 cleared.

1. __________________________________
   Signature of Witness #1
   Print Name: __________________________
   Address: _____________________________

2. __________________________________
   Signature of Witness #2
   Print Name: __________________________
   Address: _____________________________

ARTICLE VI — WISCONSIN SELF-PROVING AFFIDAVIT (Wis. Stat. § 853.04(2))

State of ....
County of ....

We, [TESTATOR FULL LEGAL NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], the testator and the witnesses whose names are signed to the foregoing instrument, being first duly sworn, do declare to the undersigned authority all of the following:

1. The testator executed the instrument as a Codicil to his or her will.
2. The testator signed willingly, or willingly directed another to sign for him or her.
3. The testator executed the Codicil as a free and voluntary act.
4. Each of the witnesses, in the conscious presence of the testator, signed the Codicil as witness.
5. To the best of the knowledge of each witness, the testator was, at the time of execution, 18 years of age or older, of sound mind and under no constraint or undue influence.

Testator: __________________________________

Witness: __________________________________

Witness: __________________________________

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

(Seal) ____________________________________

(Signed): ____________________________________

(Official capacity of officer): ____________________________________

My Commission Expires: _____________

Sources and References

• Wisconsin Statutes, Chapter 853 — Wills:
• Wis. Stat. § 853.03 (execution of wills): https://docs.legis.wisconsin.gov/statutes/statutes/853/I/03
• Wis. Stat. § 853.04 (self-proved will): https://docs.legis.wisconsin.gov/statutes/statutes/853/I/04
• Wis. Stat. § 853.01 (capacity to make a will): https://docs.legis.wisconsin.gov/statutes/statutes/853/I/01
• Wisconsin Statutes, Chapter 766 — Property Rights of Married Persons; Marital Property: https://docs.legis.wisconsin.gov/statutes/statutes/766

END OF DOCUMENT