Codicil to Last Will & Testament

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, ratify, and republish the Will.

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. No bond or surety shall be required of any Executor except as required by West Virginia law.

☐ New Guardian for Minor Children. I hereby amend [SECTION NUMBER, e.g., "Section 10"] 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 [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, 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.

4.2 Republication. By executing this Codicil with the formalities required of a will under W. Va. Code § 41-1-3, I republish my Will as of the date of this Codicil, and the Will shall be construed as though re-executed on that date, except as modified by this Codicil.

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.

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.

6. Self-Proving Affidavit (W. Va. Code § 41-5-15)

State of West Virginia
County of [COUNTY]

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 whose names are subscribed to the foregoing instrument, and all being duly sworn, the Testator declared to me and to the witnesses that the instrument is a Codicil to the Testator's Last Will and Testament and that the Testator had willingly signed or directed another to sign for the Testator, and that the Testator executed it as the Testator's free and voluntary act for the purposes expressed therein; and each of the witnesses, being duly sworn, stated to me, in the presence and hearing of the Testator, that the Testator had declared to them that the instrument is a Codicil to the Testator's Last Will and Testament and that the Testator executed the same willingly as the Testator's free and voluntary act for the purposes therein expressed, and that each witness, in the presence and hearing of the Testator and present together at the same time, subscribed the Codicil as witness at the Testator's request, and that to the best of the knowledge of each witness the Testator is eighteen (18) years of age or older, of sound mind and memory, and under no constraint or undue influence.

Subscribed, sworn to, and acknowledged before me by the said [TESTATOR FULL LEGAL NAME], and subscribed and sworn to before me by [WITNESS #1 NAME] and [WITNESS #2 NAME], 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/

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