Codicil to Last Will & Testament

CODICIL TO LAST WILL AND TESTAMENT

OF [TESTATOR FULL LEGAL NAME]

RECITALS

I, [TESTATOR FULL LEGAL NAME], born [MM/DD/YYYY], presently residing at [Street Address, County, Texas], being of sound mind and disposing memory and under no constraint or undue influence, hereby declare this instrument to be a Codicil (the "Codicil") to my Last Will and Testament. Under Tex. Est. Code Ann. § 22.034, the term "will" includes a codicil. A codicil must be executed with the same formalities as a will (Tex. Est. Code Ann. § 251.051), and, when validly executed, republishes the will as of the date of the codicil.

COMMUNITY PROPERTY NOTE: Texas is a community property state. Any amendment in this Codicil that changes a disposition may affect only the Testator's separate property and the Testator's one-half interest in community property. A Testator may not, by will or codicil, dispose of the surviving spouse's one-half interest in community property. Confirm the characterization (community vs. separate) of any asset affected by Sections 4.1-4.2 with counsel before execution.

1. IDENTIFICATION OF THE WILL AND PRIOR CODICILS

1.1 Will Being Amended. I refer to my Last Will and Testament dated [DATE OF ORIGINAL WILL] (the "Will"), which I hereby amend and supplement by this Codicil.

1.2 Codicil Number. This is the [ORDINAL -- e.g., First / Second] Codicil to my Will.

1.3 Prior Codicils.
☐ I have executed no prior codicils to the Will.
☐ I have previously executed the following codicil(s), which remain in effect except as modified by this Codicil:
a. Codicil dated [DATE].
b. Codicil dated [DATE].

2. CONTINUING EFFECT OF THE WILL

2.1 Ratification. Except as expressly amended, revoked, or supplemented by this Codicil (and any prior codicil that remains in effect), I ratify, confirm, and republish my Will in all respects and direct that it remain in full force and effect.

2.2 Conflict. In the event of any conflict between this Codicil and my Will or any prior codicil, the terms of this Codicil shall control.

3. DEFINITIONS

"Community Property" means all property characterized as community under the Texas Family Code and applicable case law.
"Separate Property" means property owned before marriage or acquired during marriage by gift, devise, or descent, and as otherwise defined by Texas law.
"Executor" means the Independent Executor appointed under the Will, as amended by this Codicil.

4. AMENDING PROVISIONS

DRAFTING NOTE: Complete only the model clauses below that apply. Delete unused clauses before execution. Identify each affected Section of the Will by its exact heading and number. Confirm community/separate property characterization for any disposition changed below.

4.1 Revoke an Article, Section, or Bequest

a. ☐ I revoke in its entirety Section [____] of my Will [titled "[__________]"].
b. ☐ I revoke the specific bequest of [DESCRIPTION OF ASSET] to [BENEFICIARY NAME] in Section [____] of my Will. The revoked gift shall ☐ fall into the Residuary Estate ☐ pass as provided in Section 4.2 below.

4.2 Add a New Bequest

☐ I give, devise, and bequeath [DESCRIPTION OF ASSET / AMOUNT / PERCENTAGE] (☐ my separate property ☐ my one-half community property interest therein) to [BENEFICIARY NAME] (relationship: [__________]), if such beneficiary survives me by [30] days. If such beneficiary does not so survive me, this gift shall ☐ fall into the Residuary Estate ☐ pass to [ALTERNATE BENEFICIARY] ☐ pass to such beneficiary's descendants, per stirpes.

4.3 Amend or Replace an Article (Substituted Provision)

☐ I delete Section [____] of my Will and substitute the following in its place:
[INSERT REPLACEMENT TEXT]
[INSERT REPLACEMENT TEXT]

4.4 Change of Independent Executor

4.4.1 ☐ I revoke the appointment of the Executor named in Section [____] of my Will and instead nominate [NEW EXECUTOR NAME], of [ADDRESS], as Independent Executor to serve without bond under Tex. Est. Code Ann. §§ 401.001 and 401.005.
4.4.2 ☐ Successor: If the foregoing nominee is unable or unwilling to serve, I nominate [SUCCESSOR EXECUTOR NAME] with the same authority.

4.5 Change of Guardian for Minor Children

☐ I revoke the guardianship nomination in Section [____] of my Will and instead nominate [NEW GUARDIAN NAME] as guardian of the person and estate of my minor child(ren), and [ALTERNATE GUARDIAN NAME] as successor guardian. I request that no bond be required.

4.6 Change of Trustee or Trust Beneficiary

4.6.1 ☐ I revoke the Trustee named in Section [____] of my Will and nominate [NEW TRUSTEE NAME] as Trustee.
4.6.2 ☐ I amend the trust beneficiary or distribution terms in Section [____] of my Will to read: [INSERT AMENDED TERMS].

4.7 Additional Amendments

☐ I make the following additional amendments: [INSERT ADDITIONAL AMENDMENTS].

5. REPUBLICATION

By executing this Codicil with the formalities required for a will under Tex. Est. Code Ann. § 251.051, I republish and reaffirm my Will, as amended by this Codicil and by any prior codicil that remains in effect, and I declare that my Will, as so amended, expresses my present testamentary intent. My Will shall be deemed re-executed as of the date of this Codicil.

6. MISCELLANEOUS

6.1 Severability. If any provision of this Codicil is held invalid, the remaining provisions of this Codicil and of my Will shall remain in full force to the extent possible.
6.2 Headings. Headings are for reference only and do not affect substantive meaning.
6.3 Governing Law; Forum. This Codicil is governed by Texas law, and exclusive jurisdiction for its probate shall lie in the statutory Probate Court (or County Court exercising probate jurisdiction) in [COUNTY, TEXAS].

7. EXECUTION & ATTESTATION

Signed on this ___ day of __________, 20___, at _______________________, Texas.

__________________________________________
[TESTATOR FULL LEGAL NAME], Testator

ATTESTATION CLAUSE

(Required by Tex. Est. Code Ann. § 251.051)

We, the undersigned, hereby certify that on the date written above, [TESTATOR FULL LEGAL NAME], the Testator, declared this instrument to be a Codicil to his/her Last Will and Testament, signed it (or directed another to sign on his/her behalf) in our presence, and declared to us that it was a Codicil to his/her Will. The Testator appeared to be of sound mind and at least 18 years of age. We, being each at least 14 years of age, sign our names hereto in the Testator's presence.

8. SELF-PROVING AFFIDAVIT

(Tex. Est. Code Ann. § 251.104)

State of Texas )
County of ______)

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, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and, all of said persons being by me duly sworn, the said [TESTATOR FULL LEGAL NAME], testator, declared to me and to the said witnesses in my presence that said instrument is a codicil to [his/her] will, and that [he/she] had willingly made and executed it as [his/her] free act and deed; and the said witnesses, each on [his/her] oath stated to me, in the presence and hearing of the said testator, that the said testator had declared to them that said instrument is a codicil to [his/her] will, and that [he/she] executed same as such and wanted each of them to sign it as a witness; and upon their oaths each witness stated further that they did sign the same as witnesses in the presence of the said testator and at [his/her] request; that [he/she] was at that time eighteen years of age or over (or being under such age, was or had been lawfully married, or was then a member of the armed forces of the United States, or an auxiliary of the armed forces of the United States, or the United States Maritime Service) and was of sound mind; and that each of said witnesses was then at least fourteen years of age.

__________________________________
[TESTATOR FULL LEGAL NAME], Testator

__________________________________
[WITNESS #1 NAME], Witness

__________________________________
[WITNESS #2 NAME], Witness

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

(SEAL)

(Signed) ________________________________________________________
Notary Public, State of Texas
My Commission Expires: _____________

CHECKLIST FOR COMPLETION

☐ Date of the original Will being amended stated (Section 1.1)
☐ Ordinal number of this Codicil entered (Section 1.2)
☐ Prior codicils listed and continuing effect confirmed (Section 1.3)
☐ Community vs. separate property characterization confirmed for any changed disposition
☐ Only applicable amending clauses in Section 4 completed; unused clauses deleted
☐ Each affected Section of the Will identified by exact heading and number
☐ Republication clause reviewed (Section 5)
☐ Codicil signed by Testator in the presence of two witnesses (each at least 14 years of age)
☐ Self-proving affidavit executed before a Notary Public (recommended)
☐ Original Codicil stored with the original Will
☐ Attorney review completed before execution

SOURCES AND REFERENCES

• Tex. Est. Code Ann. § 22.034 -- Definition of "Will" (includes codicil)
• Tex. Est. Code Ann. § 251.002 -- Interests That May Pass by Will: https://codes.findlaw.com/tx/estates-code/est-sect-251-002/
• Tex. Est. Code Ann. § 251.051 -- Execution of Wills (writing, signed by testator, attested by two witnesses age 14+): https://statutes.capitol.texas.gov/Docs/ES/htm/ES.251.htm
• Tex. Est. Code Ann. § 251.1045 -- Simultaneous Execution, Attestation, and Self-Proving (combined affidavit form): https://codes.findlaw.com/tx/estates-code/est-sect-251-1045/
• Tex. Est. Code Ann. § 251.104 -- Requirements for Self-Proving Affidavit (statutory form): https://codes.findlaw.com/tx/estates-code/est-sect-251-104/