Codicil to Last Will & Testament - West Virginia
CODICIL TO LAST WILL AND TESTAMENT
of
[TESTATOR FULL LEGAL NAME]
1. Document Header
This instrument is the [ORDINAL — e.g., "First," "Second"] Codicil (this "Codicil") to the Last Will and Testament of [TESTATOR FULL LEGAL NAME], currently residing at [STREET ADDRESS, CITY/TOWN, COUNTY, STATE OF WEST VIRGINIA], being of legal age, sound mind, and disposing memory, and acting freely and voluntarily (the "Testator"). This Codicil is executed on [DATE] under, and shall be governed by, the laws of the State of West Virginia.
2. Identification of the Will and Prior Codicils
2.1 The Will. I refer to my Last Will and Testament dated [__/__/____] (the "Will").
2.2 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: ____________________].
2.3 Purpose. I make this Codicil to amend the Will only in the particulars set forth in Section 3. In all other respects, I confirm and ratify the Will without attempting in this universal clause to change the operative date or construction of any unamended provision.
3. Amending Provisions
3.1 Revocation of an Existing Provision
☐ I hereby REVOKE in its entirety [SECTION NUMBER AND CAPTION, e.g., "Section 8.1"] 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 [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 specific gift to the Will:
"I give [DESCRIBE PROPERTY OR SUM: ____________________], free of all debts and expenses, 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 [SECTION NUMBER]: [INSERT TEXT OF NEW PROVISION: ____________________].
3.3 Amendment or Replacement of an Existing Provision
☐ Amend and Replace Section. I hereby DELETE [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 [SECTION NUMBER, e.g., "Section 5"] of the Will to nominate [NEW EXECUTOR FULL NAME], of [ADDRESS], as Executor in place of the person previously named, with [ALTERNATE EXECUTOR FULL NAME] as successor. I direct that no bond or surety be required to the extent permitted by W. Va. Code § 44-1-8; an interested person's application and county-commission hearing may still result in a bond requirement.
☐ New Guardian for Minor Children. Under W. Va. Code § 44-10-1, I hereby amend [SECTION NUMBER, e.g., "Section 10"] of the Will to appoint [NEW GUARDIAN FULL NAME], of [ADDRESS], as testamentary guardian of my minor child(ren) in place of the guardian previously named, with [ALTERNATE GUARDIAN FULL NAME] as successor, subject to the priority of the appointee of the parent last living and qualification under § 44-10-2.
☐ New Trustee or Trust Beneficiary. I hereby amend [SECTION NUMBER, e.g., "Section 11"] 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 ([SECTION NUMBER]) to give all the rest, residue, and remainder of my Estate to [NEW RESIDUARY BENEFICIARY FULL NAME], and if that beneficiary predeceases me or disclaims, to [ALTERNATE RESIDUARY BENEFICIARY FULL NAME], per stirpes.
4. Republication and Confirmation of the Will
4.1 Will Remains in Full Force. Except as expressly amended by this Codicil, I confirm and ratify my Will dated [__/__/____], and all prior codicils not revoked herein, in every particular, and I declare that the Will, as amended, continues to be my Last Will and Testament.
4.2 Construction. This Codicil does not state that every Will provision is automatically re-executed or redated. Counsel shall review the effect of this Codicil on omitted children, beneficiary survival, incorporation by reference, tax clauses, and every provision whose construction may depend on an execution date.
4.3 Codicil Number. This is the [ORDINAL: ____________________] Codicil to my Will.
4.4 Integration. This Codicil shall be read together with the Will as a single, integrated testamentary plan and admitted to probate together with the Will.
5. Execution & Attestation (W. Va. Code § 41-1-3)
I, [TESTATOR FULL LEGAL NAME], the Testator, sign my name to this Codicil on the date written below and declare to the undersigned witnesses, present together at the same time, that I sign and execute this instrument as a Codicil to my Last Will and Testament, that I sign it willingly and as my free and voluntary act, and that I am eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.
| ________________________________ | Date: ___________ |
|---|---|
| [TESTATOR FULL LEGAL NAME], Testator |
Witness Attestation
We, the undersigned witnesses, being present together with the Testator at the same time, each declare that the Testator signed and executed this Codicil as a Codicil to the Testator's Last Will and Testament, that the Testator signed it willingly, and that each of us, in the presence of the Testator and of each other, subscribes this Codicil as a witness. To the best of our knowledge the Testator is eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.
| Witness #1 Signature | Witness #2 Signature |
|---|---|
| _____________________________ | _____________________________ |
| Print Name: __________________ | Print Name: ________________ |
| Address: _____________________ | Address: ___________________ |
| Date: ________________________ | Date: ______________________ |
6. Attesting-Witness Affidavit (W. Va. Code § 41-5-15)
State of West Virginia
County of [COUNTY]
Before me, the undersigned officer authorized to administer oaths, personally appeared [WITNESS #1 NAME] and [WITNESS #2 NAME], attesting witnesses to the Codicil of [TESTATOR FULL LEGAL NAME]. Each witness, being duly sworn, states the facts that the witness would give in testimony to establish and prove the Codicil, including that the Testator signed it or acknowledged it in the presence of both competent witnesses, present at the same time, and that each witness subscribed it in the presence of the Testator and of the other witness.
| Affiant | Signature |
|---|---|
| Witness #1: [WITNESS #1 NAME] | _________________________________ |
| Witness #2: [WITNESS #2 NAME] | _________________________________ |
Subscribed and sworn to before me by [WITNESS #1 NAME] and [WITNESS #2 NAME], at the Testator's request, this ___ day of __________, 20___.
_____________________________________
Notary Public for the State of West Virginia
My Commission Expires: __________
Sources and References
- West Virginia Code, Chapter 41 — Wills:
- W. Va. Code § 41-1-2 (who may make a will): https://code.wvlegislature.gov/41-1-2/
- W. Va. Code § 41-1-3 (execution of wills): https://code.wvlegislature.gov/41-1-3/
- W. Va. Code § 41-2-1 (gift to attesting witness): https://code.wvlegislature.gov/41-2-1/
- W. Va. Code § 41-5-15 (proof of will by witness affidavit): https://code.wvlegislature.gov/41-5-15/
- W. Va. Code § 44-1-8 (executor bond): https://code.wvlegislature.gov/44-1-8/
- W. Va. Code §§ 44-10-1 and -2 (testamentary guardians): https://code.wvlegislature.gov/44-10/
END OF DOCUMENT
About this template
- Last updated
- August 12, 2026
- Citations checked
- August 12, 2026
- Jurisdiction
- West Virginia
- Category
- Estate Planning & Wills
Legal authority
- W. Va. Code § 41-1-2 (who may make a will; age and sound mind)
- W. Va. Code § 41-1-3 (execution of wills; signature and attestation by two competent witnesses)
- W. Va. Code § 41-2-1 (competency and beneficial-interest consequences for attesting witnesses)
- W. Va. Code § 41-5-15 (proof of will by witness affidavit; not admissible where will is contested)
- W. Va. Code § 44-1-8 (executor bond direction and county-commission override)
- W. Va. Code §§ 44-10-1 and 44-10-2 (testamentary guardian appointment and qualification)
Estate planning documents decide what happens to your property, your children, and your medical care when you cannot make those decisions yourself. Wills, trusts, powers of attorney, and health care directives each serve different purposes and each have to meet state law requirements for signing, witnessing, and notarization. A document that looks fine on the page but was not executed correctly can be rejected in probate, which is exactly when it is too late to fix.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on August 12, 2026.
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