Codicil to Last Will & Testament - Kentucky

CODICIL TO LAST WILL AND TESTAMENT

of [TESTATOR FULL LEGAL NAME]

(A Codicil Compliant with the Laws of the Commonwealth of Kentucky)

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], of [COUNTY] County, Kentucky, being of sound mind and at least eighteen (18) years of age, and acting free of 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], Kentucky.

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, confirm, and republish my Will dated [__/__/____], together with any prior codicil(s) identified in Section 1.3, in all respects, and I 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. Any revocation of a specific provision under Section 3 is made by codicil executed in the manner required for a will, consistent with KRS 394.080.

3. AMENDING PROVISIONS

3.1 Revocation of a Specific Provision.
☐ I hereby REVOKE in its entirety [Article / Section ____] of my Will, captioned "[CAPTION OR DESCRIPTION]", and direct that it be given no further effect.
☐ I hereby REVOKE the following specific devise or bequest in [Article / Section ____] of my Will: the gift of [DESCRIPTION OF PROPERTY OR AMOUNT] to [FORMER BENEFICIARY NAME]. I add the affected property to my Residuary Estate unless this Codicil expressly disposes of it otherwise.

3.2 Addition of a New Devise or Bequest.
☐ I hereby ADD the following gift: I give [DESCRIPTION OF ASSET / $ AMOUNT] to [NEW BENEFICIARY FULL NAME], of [ADDRESS], if such Beneficiary survives me by one hundred twenty (120) hours; otherwise this gift shall lapse into 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 [Article / Section ____] of my Will to appoint [NEW EXECUTOR NAME], of [COUNTY, STATE], as Executor of my Estate in place of the person previously named. If that person is unable or unwilling to serve, I appoint [SUCCESSOR EXECUTOR NAME] as Successor Executor. I request that no surety bond be required, subject to the court's authority under KRS 395.130.
☐ Guardian of Minor Children. I hereby AMEND [Article / Section ____] of my Will to nominate [NEW GUARDIAN NAME] as Guardian of the person of any minor child of mine, in place of the guardian previously named. If that person is unable or unwilling to serve, I nominate [ALTERNATE GUARDIAN NAME]. If separate management of a minor's financial resources is desired, I nominate [CONSERVATOR NAME] as Conservator. This nomination is made under KRS 387.040 and is effective only to the extent I am the last surviving parent authorized by that section.
☐ Trustee. I hereby AMEND [Article / 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 the powers conferred by the Will and applicable law.
☐ Residuary Beneficiary. I hereby REPLACE the residuary disposition in [Article / Section ____] of my Will with the following: I give, devise, and bequeath all the rest, residue, and remainder of my Estate to [NEW RESIDUARY BENEFICIARY(IES)] in [equal / stated] shares, per stirpes.
☐ Other Amendment. I hereby amend [Article / Section ____] of my Will to read in its entirety as follows: [NEW TEXT: ________________________________________________].

4. REPUBLICATION

4.1 Republication. I hereby republish and redeclare my Will dated [__/__/____], as amended by this Codicil and by any prior codicil identified in Section 1.3, as my Last Will and Testament, effective as of the date this Codicil is executed below. To the extent any provision of the Will was previously revoked, this Codicil revives it only to the extent an intention to revive is shown herein, consistent with KRS 394.100.

4.2 Governing Law. This Codicil shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky.

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

5. EXECUTION & ATTESTATION

(Conforming to KRS 394.040)

I, [TESTATOR FULL LEGAL NAME], being of sound mind and at least eighteen (18) years of age, hereby sign this [ORDINAL] Codicil to my Last Will and Testament on this [__/__/____], at [CITY], Kentucky, in the presence of the undersigned witnesses, each of whom is a disinterested, credible adult.

_____________________________________
[TESTATOR FULL LEGAL NAME], Testator

Witness Attestation

We, the undersigned witnesses, sign our names hereto at the request of the Testator, in the Testator's presence and in the presence of each other, all being present at the same time, and we declare that the Testator acknowledged this instrument to be a Codicil to the Testator's Last Will and Testament, appeared to us to be of sound mind, and was under no undue influence.

6. SELF-PROVING AFFIDAVIT

(KRS 394.225)

STATE OF KENTUCKY

COUNTY OF [________________________________]

I, [TESTATOR NAME], the Testator, sign my name to this instrument on [__/__/____] and, being first duly sworn, declare to the undersigned authority that I sign and execute this instrument as a Codicil to my Last Will and Testament; that I sign it willingly, or willingly direct another to sign for me; that I execute it as my free and voluntary act for the purposes expressed; and that I am eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.

_____________________________________

[TESTATOR NAME], Testator

We, [WITNESS #1 NAME] and [WITNESS #2 NAME], the witnesses, sign our names to this instrument and, being first duly sworn, declare to the undersigned authority that the Testator signs and executes this instrument as a Codicil to the Testator's Last Will and Testament and does so willingly, or willingly directs another to sign; that each of us, in the presence and hearing of the Testator and in the presence of the other subscribing witness, signs this Codicil as a witness to the Testator's signing; and that, to the best of our knowledge, the Testator is eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.

_____________________________________

[WITNESS #1 NAME], Witness

_____________________________________

[WITNESS #2 NAME], Witness

Subscribed, sworn to, and acknowledged before me by [TESTATOR NAME], the Testator, and subscribed and sworn to before me by [WITNESS #1 NAME] and [WITNESS #2 NAME], the witnesses, on [__/__/____].

_____________________________________
Notarial Officer

Official capacity: [________________________________]

My commission expires: [__/__/____]

[Notarial Seal]

Sources and References

• KRS 394.010 — "Will" defined
• KRS 394.020 — Persons competent to make a will
• KRS 394.040 — Requisites of a valid will
• KRS 394.225 — Self-proved will
• KRS 394.080 — Revocation of will; how effected
• KRS 394.100 — Revoked will may be revived, how
• KRS 387.040 — Appointment by will
• KRS 395.130 — Bond, when required
• Kentucky Revised Statutes — Chapter 394 (Wills)

This Codicil is drafted in reliance on, and intended to comply with, the execution requirements of KRS 394.040 and the self-proving provisions of KRS 394.225. Have it reviewed by a licensed Kentucky attorney before execution.