Codicil to Last Will & Testament - Kansas

CODICIL TO LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

(A Codicil Compliant with the Laws of the State of Kansas)

This is the [ORDINAL — e.g., First / Second / Third] Codicil to my Last Will and Testament.

1. IDENTIFICATION AND DECLARATION

1.1 Identification of Testator. I, [TESTATOR FULL LEGAL NAME], residing in [CITY], [COUNTY] County, Kansas, being of sound mind, possessing the rights of majority, and under no constraint or undue influence, declare this instrument to be the [ORDINAL] Codicil to my Last Will and Testament.

1.2 Identification of the Will Being Amended. I refer to my Last Will and Testament dated [__/__/____] (the "Will"), executed by me at [CITY], Kansas.

1.3 Prior Codicils.
☐ I have made no prior codicil to the Will.
☐ I have previously executed the following codicil(s) to the Will, which remain in effect except as modified herein:

• Codicil dated [__/__/____]
• Codicil dated [__/__/____]

1.4 Definitions. Capitalized terms used but not defined in this Codicil have the meanings given to them in the Will.

2. RATIFICATION OF EXISTING WILL

2.1 Will Remains in Force. Except as expressly modified, amended, or revoked by this Codicil, I hereby ratify and confirm my Will dated [__/__/____], together with any prior codicil(s) identified in Section 1.3, and direct that the Will continue in full force and effect as amended by this Codicil.

2.2 No General Revocation. This Codicil amends my Will only as set forth in Section 3 and does not revoke the Will in its entirety.

3. AMENDING PROVISIONS

3.1 Revocation of a Specific Provision.
☐ I hereby REVOKE in its entirety [Section ____] of my Will, captioned "[CAPTION OR DESCRIPTION]", and direct that it be given no further effect.
☐ I hereby REVOKE the following specific bequest in [Section ____] of my Will: the gift of [DESCRIPTION OF PROPERTY OR AMOUNT] to [FORMER BENEFICIARY NAME]. The property so released shall pass under my Residuary Estate unless otherwise directed in this Codicil.

3.2 Addition of a New Bequest.
☐ I hereby ADD the following gift, free of all taxes and expenses: I give [DESCRIPTION OF PROPERTY / $ AMOUNT] to [NEW BENEFICIARY FULL NAME], of [ADDRESS], provided such Beneficiary survives me by thirty (30) days; otherwise this gift shall pass under my Residuary Estate.
☐ Additional gift: I give [DESCRIPTION / $ AMOUNT] to [BENEFICIARY NAME].

3.3 Amendment or Replacement of an Existing Provision.
☐ Personal Representative (Executor). I hereby AMEND [Section ____] of my Will to appoint [NEW EXECUTOR NAME], of [ADDRESS], as Executor of my Will in place of the person previously named. If that person does not qualify or ceases to serve, I appoint [SUCCESSOR EXECUTOR NAME] as Successor Executor. No bond shall be required unless ordered by the court.
☐ Guardian of Minor Children. I hereby AMEND [Section ____] of my Will to nominate [NEW GUARDIAN NAME] as Guardian of the person and estate of any minor child of mine, in place of the guardian previously named. If that person is unwilling or unable to serve, I nominate [SUCCESSOR GUARDIAN NAME].
☐ Trustee. I hereby AMEND [Section ____] of my Will to appoint [NEW TRUSTEE NAME] as Trustee of any trust created under my Will, in place of the trustee previously named, with all powers conferred under the Will and under applicable Kansas law.
☐ Residuary Beneficiary. I hereby REPLACE the residuary disposition in [Section ____] of my Will with the following: I give all the rest, residue, and remainder of my Estate to [NEW RESIDUARY BENEFICIARY(IES)] in [equal shares / the shares described: ________________________________].
☐ Other Amendment. I hereby amend [Section ____] of my Will to read in its entirety as follows: [NEW TEXT: ________________________________________________].

4. CONFIRMATION AND GOVERNING LAW

4.1 Confirmation. I confirm my Will dated [__/__/____], as amended by this Codicil and by any prior codicil identified in Section 1.3, as my Last Will and Testament.

4.2 Governing Law. This Codicil shall be construed and enforced in accordance with the laws of the State of Kansas.

4.3 Severability. If any provision of this Codicil is determined invalid, the remaining provisions, and the Will as previously executed, shall remain in full force and effect.

5. ATTESTATION CLAUSE

(Two Witnesses — Kansas; K.S.A. 59-606)

Signed this [__/__/____], at [CITY], Kansas.

I, [TESTATOR FULL LEGAL NAME], declare this instrument to be the [ORDINAL] Codicil to my Last Will and Testament, and I sign it willingly in the presence of the undersigned witnesses.

_____________________________
[TESTATOR FULL LEGAL NAME], Testator

We, the undersigned competent witnesses, declare that the Testator, who appeared to us to be of sound mind and to possess the rights of majority, signed and declared this instrument to be a Codicil to the Testator's Last Will and Testament, and that we, at the Testator's request, in the Testator's presence, and in the presence of each other, subscribe our names as witnesses on the date and at the place set forth above.

Witness #1: _____________________________
Name: [PRINTED NAME]
Address: [ADDRESS]

Witness #2: _____________________________
Name: [PRINTED NAME]
Address: [ADDRESS]

6. SELF-PROVING AFFIDAVIT (OPTIONAL)

(K.S.A. 59-606 — a codicil may be made self-proved in the same manner as a will)

State of Kansas )
) ss:
County of __________ )

Before me, the undersigned authority, on this day personally appeared [TESTATOR 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 foregoing instrument in their respective capacities. All being first duly sworn, the Testator declared to me and to the witnesses in my presence that the instrument is a Codicil to the Testator's Last Will and Testament and that the Testator willingly made and executed it as a free and voluntary act for the purposes expressed in it.

Each witness, on oath and in the presence and hearing of the Testator, stated that the Testator declared the instrument to be a Codicil to the Testator's Last Will and Testament, executed it as such, and wanted each witness to sign it as a witness. Each witness further stated on oath that the witness signed the instrument in the presence of the other witness and the Testator, at the Testator's request, and that the Testator then possessed the rights of majority, was of sound mind, and was under no restraint.

_____________________________
[TESTATOR NAME], Testator

_____________________________ _____________________________
[WITNESS #1 NAME], Witness [WITNESS #2 NAME], Witness

Subscribed, acknowledged, and sworn to before me by the Testator, and subscribed and sworn to before me by the witnesses, on this [__/__/____].

_____________________________
[NOTARY PUBLIC SIGNATURE]
Notary Public, State of Kansas
My Commission Expires: ___________

[NOTARY SEAL]

Sources and References

• K.S.A. 59-606 — Execution and attestation; self-proved wills and codicils; affidavits; form
• K.S.A. 59-601 — Persons who may make a will
• Chapter 59 — Probate Code (Kansas Revisor of Statutes)

This Codicil is drafted in reliance on, and intended to comply with, the execution requirements of K.S.A. 59-606. Have it reviewed by a licensed Kansas attorney before execution.

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