Codicil to Last Will & Testament - Maine

CODICIL TO LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

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

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 at [TESTATOR ADDRESS], [COUNTY] County, Maine, being of sound mind and disposing memory, of legal age, and under no constraint or undue influence, declare this instrument to be the [ORDINAL] Codicil to my Last Will and Testament (the "Codicil").

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

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. I intend this Codicil to supplement, and not replace, my Will dated [__/__/____] and any prior codicil(s) identified in Section 1.3. I confirm their provisions except to the extent expressly changed here or inconsistent with 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 devise or 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 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 the Survival Period stated in my Will; 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. I hereby AMEND [Section ____] of my Will to nominate [NEW PERSONAL REPRESENTATIVE NAME], of [ADDRESS], as Personal Representative of my Estate in place of the person previously named. If that person is unable or unwilling to serve, I nominate [SUCCESSOR PERSONAL REPRESENTATIVE NAME] as successor. I request that bond be waived to the extent permitted by law.
☐ Guardian / Conservator of Minor Children. I hereby AMEND [Section ____] of my Will to nominate [NEW GUARDIAN NAME] as guardian of the person of any minor child of mine and [NEW CONSERVATOR NAME] as conservator of that child's property, subject to the applicable appointment process. If either person is unable or unwilling to serve, I nominate [ALTERNATE NAME AND ROLE].
☐ Trustee. I hereby AMEND [Section ____] of my Will to nominate [NEW TRUSTEE NAME] as Trustee of any trust created under my Will, in place of the trustee previously named, with powers provided by the Will and applicable 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 / as described: ________________________________], per stirpes.
☐ Other Amendment. I hereby amend [Section ____] of my Will to read in its entirety as follows: [NEW TEXT: ________________________________________________].

4. INTERPRETATION

4.1 Effect. I intend the provisions of my Will dated [__/__/____] and any prior codicil identified in Section 1.3 to remain operative except where this Codicil expressly changes them or they are inconsistent with it. I do not intend this Codicil to replace the Will in full.

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

4.3 Severability. If any provision of this Codicil is determined unenforceable, I intend the remaining provisions and the Will to remain effective to the extent permitted by law.

5. EXECUTION & ATTESTATION

(18-C M.R.S. § 2-502)

I, [TESTATOR FULL LEGAL NAME], the Testator, sign my name to this instrument on the date set forth below and, in the presence of the undersigned witnesses, declare this to be the [ORDINAL] Codicil to my Last Will and Testament.

ATTESTATION CLAUSE

We, the undersigned witnesses, affirm that on the date written above, [TESTATOR FULL LEGAL NAME], who is personally known to us (or satisfactorily identified), signed and declared this instrument to be a Codicil to the Testator's Last Will and Testament in our presence, and that we, in the presence and at the request of the Testator, each signed within a reasonable time after witnessing the Testator's signing or acknowledgment of this instrument.

6. SELF-PROVING AFFIDAVIT (Maine)

(18-C M.R.S. § 2-503)

State of Maine
County of __________________

Before me, the undersigned authority, on this day personally appeared [TESTATOR FULL LEGAL NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], who, being duly sworn, acknowledged to me that:

1. The Testator signed the foregoing instrument as a Codicil to the Testator's Last Will and Testament, and signed it willingly (or willingly directed another to sign for the Testator) as a free and voluntary act for the purposes therein expressed;
2. Each Witness, in the presence and hearing of the Testator, signed the instrument as a Witness;
3. The Testator was of legal age (eighteen (18) years of age or older, or a legally emancipated minor), of sound mind, and under no constraint or undue influence; and
4. Each Witness was competent and otherwise qualified to act as a witness.

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

[Official seal, if applicable]

Sources and References

• 18-C M.R.S. § 2-502 — Execution; holographic wills
• 18-C M.R.S. § 2-503 — Self-proved will
• 18-C M.R.S. § 1-201 — Definitions ("will" includes a codicil)
• 18-C M.R.S. § 3-406 — Formal testacy proceedings; contested cases
• 18-C M.R.S. § 2-501 — Who may make a will
• 18-C M.R.S. § 2-506 — Revocation by writing or by act

This Codicil is drafted in reliance on, and intended to comply with, the execution requirements of 18-C M.R.S. § 2-502 and the self-proving provisions of 18-C M.R.S. § 2-503. Have it reviewed by a licensed Maine attorney before execution.