A codicil is a legal document that amends an existing will, allowing individuals to make changes without rewriting the entire document. This is particularly useful for updating guardianship provisions, which may need to be adjusted due to changes in personal circumstances, such as the death of a guardian, changes in relationships, or shifts in the needs of the children involved. Below are three practical examples of codicils specifically tailored for updating guardianship provisions.
In the case of a newly appointed guardian, this codicil serves to include them in the existing will. This is common when the original guardian is no longer able to fulfill their role or when a new, suitable guardian has been identified.
This codicil is made in light of the fact that the testator has recently formed a close bond with a friend who is willing and able to take on the responsibility of guardianship.
CODICIL TO LAST WILL AND TESTAMENT
I, [Your Full Name], residing at [Your Address], hereby declare this to be a codicil to my Last Will and Testament dated [Original Will Date].
1. I hereby appoint [New Guardian’s Full Name], residing at [New Guardian’s Address], as the guardian of my minor children, [Child’s Name(s)], in the event of my passing.
2. This appointment supersedes any previous guardianship appointment made in my Last Will and Testament.
In witness whereof, I have hereunto set my hand this [Date].
[Your Signature]
Notes: Ensure that the new guardian is aware and willing to take on this responsibility. It may be beneficial to have a conversation with them before formalizing this change.
This codicil is necessary when the original guardian is no longer an appropriate choice, perhaps due to personal issues or changes in relationship dynamics. The testator must clearly state that the prior appointment is revoked and provide a new guardian if applicable.
This situation often arises when the designated guardian has moved far away or when relationships change significantly.
CODICIL TO LAST WILL AND TESTAMENT
I, [Your Full Name], residing at [Your Address], hereby declare this to be a codicil to my Last Will and Testament dated [Original Will Date].
1. I hereby revoke the appointment of [Previous Guardian's Full Name], residing at [Previous Guardian’s Address], as the guardian of my children, [Child’s Name(s)].
2. I appoint [New Guardian’s Full Name], residing at [New Guardian’s Address], as the guardian of my minor children in the event of my passing.
In witness whereof, I have hereunto set my hand this [Date].
[Your Signature]
Notes: It is important to notify the previous guardian of this change to avoid any potential confusion or disputes later.
This codicil is designed for situations where the appointed guardian has relocated or is no longer able to fulfill their duties due to geographical constraints. Updating the guardianship provisions ensures that the children are cared for by someone who is accessible and committed.
This scenario may occur when a guardian has moved to another state or country, making it impractical for them to serve in that role.
CODICIL TO LAST WILL AND TESTAMENT
I, [Your Full Name], residing at [Your Address], hereby declare this to be a codicil to my Last Will and Testament dated [Original Will Date].
1. I acknowledge that [Previous Guardian’s Full Name], residing at [Previous Guardian’s Address], has relocated and is unable to fulfill the duties of guardian for my children, [Child’s Name(s)].
2. Therefore, I appoint [New Guardian’s Full Name], residing at [New Guardian’s Address], as the guardian of my minor children in the event of my passing.
In witness whereof, I have hereunto set my hand this [Date].
[Your Signature]
Notes: Always ensure that the new guardian is located close enough to take on the responsibilities and that they are willing and able to do so.