Codicil to Last Will & Testament

CODICIL TO LAST WILL AND TESTAMENT

State of Oregon

TABLE OF CONTENTS

1. Identification of Testator and the Will Being Amended
2. Declaration; Will Remains in Force
3. Amending Provisions
4. Republication
5. Attestation Clause
6. Testator's Signature Block
7. Witnesses' Signatures
8. Affidavit of Attesting Witnesses (ORS 113.055)

1. IDENTIFICATION OF TESTATOR AND THE WILL BEING AMENDED

1.1 Testator. I, [TESTATOR FULL LEGAL NAME], presently residing at [ADDRESS], being of sound mind and disposing memory, declare this instrument to be the [ORDINAL — e.g., First / Second / Third] Codicil (this "Codicil") to my Last Will and Testament.

1.2 Existing Will. I refer to my Last Will and Testament dated [__/__/____] (this "Will").

1.3 Prior Codicils. ☐ I have executed no prior codicil to the Will.
☐ I have previously executed the following codicil(s), which remain in effect except as modified herein: [LIST PRIOR CODICILS BY DATE: ______________________________].

1.4 Capacity. I have testamentary capacity, I execute this Codicil voluntarily, and this Codicil expresses my testamentary intent as to the matters addressed herein.

2. DECLARATION; WILL REMAINS IN FORCE

2.1 I amend the Will only as expressly set forth in Section 3 of this Codicil.

2.2 Except as expressly amended, revoked, or supplemented by this Codicil, I ratify, confirm, and republish the Will in all respects, and I direct that the Will and this Codicil be read and construed together as a single, integrated testamentary instrument.

2.3 If any provision of this Codicil conflicts with the Will or any prior codicil, the provisions of this Codicil control.

3. AMENDING PROVISIONS

3.1 Revocation of an Article or Bequest

☐ I revoke in its entirety Section [____] of the Will [and/or the specific devise/bequest of [DESCRIBE PROPERTY/AMOUNT] to [BENEFICIARY NAME]]. Any property that was the subject of a revoked specific devise or bequest shall pass under the Residuary Estate provisions of the Will unless otherwise directed in this Codicil.

☐ I revoke the following words/sentence within Section [____]: "[QUOTE TEXT BEING REMOVED]".

3.2 Addition of a New Devise or Bequest

☐ I add the following gift to the Will:
I give [$[AMOUNT] / DESCRIBE PROPERTY OR ASSET], free of all death taxes and costs of transfer, to [BENEFICIARY FULL LEGAL NAME], of [ADDRESS], if [he/she/they] survive(s) me by 30 days. If this beneficiary does not so survive me, this gift shall ☐ lapse into my Residuary Estate ☐ pass to [ALTERNATE BENEFICIARY].

3.3 Amendment or Replacement of a Section

☐ I amend and restate Section [____] of the Will to read in its entirety as follows:
"[INSERT FULL REPLACEMENT TEXT]".

(a) New Personal Representative

☐ I revoke the nomination of Personal Representative in the Will and nominate [NEW PRIMARY PERSONAL REPRESENTATIVE NAME], of [ADDRESS], as Personal Representative of my estate. If that person is unable or unwilling to serve, I nominate [SUCCESSOR PERSONAL REPRESENTATIVE NAME]. ☐ No bond shall be required. ☐ Bond shall be required.

(b) New Guardian / Conservator for Minor Children

☐ I revoke the nomination of Guardian in the Will and nominate [NEW PRIMARY GUARDIAN NAME], of [ADDRESS], as guardian of the person and estate of any minor child of mine, with [SUCCESSOR GUARDIAN NAME] as alternate.

(c) New Trustee or Trust Beneficiary

☐ I revoke the designation of Trustee in the Will and nominate [NEW TRUSTEE NAME], of [ADDRESS], as Trustee of any trust created under the Will, with [SUCCESSOR TRUSTEE NAME] as alternate.

☐ I amend the beneficiary designation of the [NAME OF TRUST/SECTION] so that the beneficiary shall be [NEW BENEFICIARY NAME] in the share of [STATE SHARE/PERCENTAGE].

3.4 Additional Amendments

☐ [INSERT ANY ADDITIONAL AMENDING LANGUAGE: ______________________________________________]

4. REPUBLICATION

By executing this Codicil, I republish and re-execute the Will, as amended by this Codicil and by any prior codicil that remains in effect, as of the date of this Codicil. All provisions of the Will not changed by this Codicil are confirmed and shall remain in full force and effect.

5. ATTESTATION CLAUSE

Signed, published, and declared by [TESTATOR NAME], the Testator, to be a Codicil to [his/her/their] Last Will and Testament, in our presence; and we, at the Testator's request and in the Testator's presence and in the presence of each other, have subscribed our names as witnesses this [____] day of [MONTH], 20___.

6. TESTATOR'S SIGNATURE BLOCK

______________________________
[TESTATOR NAME], Testator

Date: [__/__/____]

7. WITNESSES' SIGNATURES

We, the undersigned witnesses, declare under penalty of perjury that the Testator is personally known to us, appeared to be of sound mind, and signed or acknowledged the foregoing Codicil in our presence. Each of us, in the presence of the Testator, signs as a witness. Each of us is at least 18 years of age and not a beneficiary of this Codicil.

Witness #1:
______________________________
Name: ________________________
Address: ______________________
Date: [__/__/____]

Witness #2:
______________________________
Name: ________________________
Address: ______________________
Date: [__/__/____]

8. AFFIDAVIT OF ATTESTING WITNESSES

(ORS 113.055; executed contemporaneously per ORS 112.235(2))

State of Oregon )
County of ______ ) ss.

We, [WITNESS #1 NAME] and [WITNESS #2 NAME], being first duly sworn, depose and say:

1. The Testator, [TESTATOR NAME], declared the foregoing instrument to be a Codicil to the Testator's Last Will and Testament and, in our presence, signed it (or acknowledged a previously affixed signature, or directed another to sign in the Testator's presence).

2. Each of us, in the presence of the Testator, signed the Codicil as a witness within a reasonable time of the Testator's signing or acknowledgment.

3. To the best of each Witness's knowledge, the Testator was at least 18 years of age, of sound mind, and acting voluntarily and free of undue influence at the time of execution.

4. Each Witness is at least 18 years of age and not a beneficiary of the Codicil.

______________________________
[WITNESS #1 NAME], Witness

______________________________
[WITNESS #2 NAME], Witness

Subscribed and sworn to before me this [____] day of [MONTH], 20___.

______________________________
Notary Public for Oregon
My Commission Expires: __________

SOURCES AND REFERENCES

• ORS 112.235 (Execution of a will): https://law.justia.com/codes/oregon/volume-03/chapter-112/section-112-235/
• ORS 113.055 (Testimony of attesting witnesses to will): https://law.justia.com/codes/oregon/volume-03/chapter-113/section-113-055/
• ORS 111.005 (Definitions — "will" includes codicil): https://www.oregonlegislature.gov/bills_laws/ors/ors111.html
• ORS 112.285 (Revocation of will): https://www.oregonlegislature.gov/bills_laws/ors/ors112.html