Codicil to Will and Testament

What is a codicil to will template?

A codicil to will template is a legal document that allows a person to make amendments or changes to their existing last will and testament without having to rewrite the entire original will.

A will codicil template is created and drafted by a testator who should be at least 18 years old, in sound mind, and out of third parties’ influence. It is important to remember that this type of document cannot be signed by a third party on behalf of a testator. It is a personal document, which implies a testator’s involvement. If a married couple has a joint will, in that case the following rules for amendments should be taken into consideration:

• A codicil template should be created and signed by both parties; and
• Amendment of a joint will is not possible once either of a couple has passed away.

A template for a codicil to will could be helpful when the testator’s life circumstances change significantly and those changes should be reflected in the text of the will, including:

• appointment of an additional executor;
• addition of new beneficiaries (e.g., new children or grandchildren);
• change in a family status (e.g., widowed, divorced, or getting married);
• addition of new assets along with instructions on how to dispose of them between beneficiaries;
• correction of outdated information (e.g., either of the beneficiaries changes their name or surname, etc.).

Last Will and Testament vs. Codicil Will Template

Both documents are used widely in estate planning. At the same time, their legal status as well as purpose differ significantly.

First, a last will is an independent legal document that defines rules according to which an individual’s assets should be distributed after his or her death. While the last will is not a mandatory legal document, most U.S. citizens seek to have one.

A will codicil template is a collateral document to the existing will and testament. It means that without the will itself, the codicil cannot exist or be valid. Besides that, the codicil itself cannot revoke the original will or replace it in its entirety. It only acts as an addition or addendum to the existing will and testament.

How to draft codicil will template?

To create a well-drafted codicil will template it is important to include the information listed below:

Details of the Will

Every codicil to will template must contain a direct reference to the last will that should be amended. The best way to do that is to include the date on which such a will was created. This is a date on which the notarization of a document took place.

The text of a codicil should also include the reference to a state whose laws should apply. It is not possible to select a state of your choice when drafting a codicil. This is so because codicil amends the original will and thus should comply with the laws that apply to that original will. For instance, a California codicil to will template means that the laws of the state of California apply.

Details of the Testator

Every will codicil template shall identify a person who makes and signs the document. Thus, a testator’s full name, legal address, and city and state of residence should be provided.

When a public notary performs the notarization, a testator must bring any type of identification document to prove their identity. That document could be a passport, driver’s license, U.S. military card, etc. The copy of that identification document is kept in a notary’s files.

Format of the Codicil

The codicil to will template should be executed in the same form as the original will. So if your original will is a holographic will (i.e., written by hand), it means that the codicil should also be executed in the same form.

Every state requires the presence of at least two witnesses to testify to a testator’s signature on the codicil. A witness cannot be a beneficiary under the will, be below 18 years of age, or not be of sound mind.

Changes in the Will

The main purpose of a template for codicil to will is to amend the existing will in either of the ways below:

• amendment of existing clauses;
• removal of existing clauses; or
• adding new clauses.

A testator can include all types of amendments at the same time. Usually the codicil will template is used for the introduction of minor changes into the text of the will. For example, a testator wishes to change the name of a beneficiary or to add a new asset as a gift to a third party.

However, it is practically wise to make a new will if a testator plans to have more structural changes to the original text of the will. For instance, a testator may wish to change the order of succession, to exclude a certain beneficiary from the will at all, etc.

How to customize a codicil template at FasterDraft?

To get a fully customized legal document template, follow several steps below:

1. Click the “Create Document” button.
2. Answer simple questions in the form.
3. Select a template’s format – codicil to will template PDF or Word.
4. Make a payment.
5. Download and notarize this document.