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When could I use a Codicil?

- If you need to make a simple change to your Last Will;

- If you want to change your executor; or

- If you want to change a guardian;

then you could use a Codicil.

When should I write a new Last Will?

- If you need to make complex changes to your Last Will;

- If you want to add or remove a beneficiary;

- If your Last Will already has one or more codicils attached; or

- If you married or got divorced since you wrote your Last Will;

then you should WRITE A NEW WILL

Your Information

Your Name:

Use your full legal name. (e.g. Samuel William Smith.)

Your City/Town:

Your State:

Wisconsin

The law of the jurisdiction where you are domiciled at the time you wrote your Last Will may be used to interpret your Last Will.

Your Gender:

Male

Signing Location

City/Town where the Codicil is to be signed:

State where the Codicil is to be signed:

Wisconsin

Your Codicil must conform to the signing and witnessing (execution) requirements of the jurisdiction where your Codicil is to be signed. An affidavit will be provided that is specific to the signing requirements of the jurisdiction that you select.

The requirements for executing a Codicil can be slightly different in each jurisdiction. The help provided for the questions that follow will be based on the jurisdiction that you select for the Signing Location.

Last Will

What is the signing date of your Last Will:Enter the execution date (signing date) of your Last Will to which this Codicil will apply.

Amendments

How many changes will you make to your Last Will?

If you need to make more than two changes to your Last Will then you need to write a new Last Will.

Amendment

Select type of amendment:

Add

Enter the text you wish to add:

If the clauses in your Last Will are numbered, then number your new clause so that your Last Will and Codicil will be read in the correct sequence.

Example: (Add a new gift or beneficiary)
12) I bequeath the sum of $25,000 to my nephew John Thomas Lee, of Arlington, Texas, to be used for his sole use and enjoyment.

Codicil Execution Date

Execution date for this Codicil:

Unsure

Number of witnesses:

Two

In Wisconsin, any person who, at the time of execution of the Codicil or Will, would be competent to testify as a witness in court to the facts relating to execution may act as a witness to the Codicil or Will

In Wisconsin, any beneficial provisions (gifts) of the Codicil or Will for a witness or the spouse of a witness are invalid to the extent that the total value of those gifts exceeds what the witness or spouse would have received had the Testator died intestate. However, any gifts to a witness will be valid if the Codicil or Will is also signed by 2 other disinterested witnesses or if there is sufficient evidence that the Testator intended the full transfer to take effect.

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BETTER TO BE SAFE!

Avoid the risk of having your intentions changed or even invalidated.

Select ONLY witnesses who are NOT RECEIVING A GIFT under your Will.

A witness should also not be the spouse of someone receiving a gift under your Will.

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Additional Help

1. Who may make a Codicil to Last Will?

In Wisconsin, any person of sound mind 18 years of age or older may make and revoke a Last Will.

2. Who must sign my Codicil to Last Will?

In Wisconsin, a Codicil or Will must be signed by the Testator. It must be signed by at least two (2) witnesses who signed within a reasonable time after any of the following:

1) within a reasonable time after the signing of the Codicil or Will by the Testator, in the conscious presence of the witness.
2) within a reasonable time after the Testator's acknowledgement of his signature on the Codicil or Will, in the conscious presence of the witness.
3) within a reasonable time after the Testator's acknowledgement of the Codicil or Will, in the conscious presence of the witness.

The two (2) witnesses may observe the signing or acknowledgement at different times.

Signing 'in the presence of' another means the other parties actually watch the signing. The Testator and the witnesses should initial the bottom right hand corner of each page of the Codicil or Last Will (except the last page which is signed by everyone). Witnesses should NOT be individuals who will be receiving gifts in the Will or the spouses of individuals receiving gifts in the Will.

3. What is a self-proving Will?

Normally a witness will be required to testify in probate court that the Last Will or Codicil was executed properly. Alternatively, this requirement may be satisfied by having each witness swear an oath and sign an affidavit in front of a notary. This removes the requirement of having one of your witnesses go to court to verify proper execution. If available in your state, the required form will be included with your Codicil to Last Will.

Remember:

Read and review your Last Will and all Codicils (including this one) carefully.

If your Last Will appears confusing then a judge may interpret your Last Will in a way that you did not intend. Do not take that risk! Ensure that your intentions are clear and will not be misunderstood.

If you think your Codicil might be misunderstood then WRITE A NEW WILL

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