Codicil to Last Will & Testament - Minnesota

CODICIL TO LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

(Minnesota – Codicil Template)

1. IDENTIFICATION & RECITALS

1.1 Testator. I, [TESTATOR FULL LEGAL NAME], presently residing at [ADDRESS], being of sound mind and disposing memory and over eighteen (18) years of age, declare this to be the [ORDINAL — e.g., First / Second / Third] Codicil (this "Codicil") to my Last Will and Testament.
1.2 Will Being Amended. This Codicil amends my Last Will and Testament dated [__/__/____] (the "Will").
1.3 Prior Codicils.
☐ I have made no prior codicil to the Will.
☐ I have previously executed the following codicil(s), each of which remains in effect except as modified herein: [LIST PRIOR CODICILS BY DATE].
1.4 Voluntary Act. I execute this Codicil voluntarily and without undue influence, intending that it comply with Minn. Stat. § 524.2-502.

2. DECLARATION — WILL REMAINS IN FULL FORCE

I confirm the provisions of my Will except to the extent specifically amended or revoked by this Codicil or inconsistent with it. I intend this Codicil to supplement, rather than replace, the Will under Minn. Stat. § 524.2-507.

3. AMENDING PROVISIONS

3.1 Revocation of a Specific Article or Bequest

I hereby REVOKE the following provision(s) of my Will:

☐ Article/Section [____] of the Will, captioned [SECTION TITLE], is revoked in its entirety and shall have no further force or effect.

☐ The specific bequest of [DESCRIBE GIFT — e.g., "$[AMOUNT]" / "the real property at [ADDRESS]"] to [BENEFICIARY NAME] set forth in Article/Section [____] is revoked. The subject property shall pass under [IDENTIFY THE APPLICABLE REMAINING WILL PROVISION OR NEW DISPOSITION].

3.2 Addition of a New Bequest

I hereby ADD the following bequest:

☐ I give [DESCRIBE GIFT — e.g., "$[AMOUNT]" / "[DESCRIPTION OF ITEM OR REAL PROPERTY]"] to [BENEFICIARY FULL NAME & ADDRESS].

• If this Beneficiary does not survive me by thirty (30) days, this gift shall ☐ pass into the Residuary Estate ☐ pass to [ALTERNATE BENEFICIARY] ☐ pass per stirpes to the Beneficiary's descendants.

3.3 Amendment or Replacement of an Article

I hereby AMEND AND REPLACE the following provision(s) of my Will; the replacement language supersedes the corresponding provision:

☐ New Personal Representative. Article/Section [____] of the Will is amended so that I nominate [NEW PERSONAL REPRESENTATIVE NAME & ADDRESS] as Personal Representative, in place of [FORMER PERSONAL REPRESENTATIVE NAME], with [SUCCESSOR PERSONAL REPRESENTATIVE NAME] as successor. Any intended change to the Will's bond or powers provisions is: [STATE SPECIFIC CHANGE OR "NONE"].

☐ New Guardian. Article/Section [____] of the Will is amended so that I appoint [NEW GUARDIAN NAME & ADDRESS] as guardian for any minor child of mine under Minn. Stat. § 524.5-202, in place of [FORMER GUARDIAN NAME], with [SUCCESSOR GUARDIAN NAME] as successor, subject to the other parent's rights and statutory acceptance and confirmation procedures.

☐ New Trustee / Beneficiary. Article/Section [____] of the Will is amended so that:

• The Trustee of the [NAME OF TESTAMENTARY TRUST] shall be [NEW TRUSTEE NAME], in place of [FORMER TRUSTEE NAME]; and/or
• The beneficiary designated in that Article shall be [NEW BENEFICIARY NAME], in place of [FORMER BENEFICIARY NAME].

☐ New / Restated Residuary Distribution. Article/Section [____] of the Will is amended so that my Residuary Estate shall pass as follows: [NEW RESIDUARY DISTRIBUTION — beneficiaries and shares, per stirpes].

☐ Other Amendment. Article/Section [____] of the Will is amended to read as follows: [INSERT REPLACEMENT TEXT].

4. EFFECT OF THIS CODICIL

This Codicil and my Will, together with any prior codicil that remains in effect, are to be read together. This Codicil controls the provisions it expressly amends or revokes and any provisions inconsistent with it; other provisions remain unchanged.

5. EXECUTION & WITNESS ATTESTATION

IN WITNESS WHEREOF, I, [TESTATOR NAME], have hereunto set my hand this [____] day of [MONTH], [YEAR].

________________________________________
[TESTATOR NAME], Testator

We, the undersigned, certify that on the date above written [TESTATOR NAME], who is personally known to us (or identified by satisfactory evidence), declared this instrument to be a Codicil to the Testator's Last Will and Testament, signed it in our presence, and requested us to act as witnesses. We affirm that the Testator appeared to be of sound mind and free from undue influence, and that we sign below in the presence of the Testator and of each other.

Witness #1
Signature: _________________________________
Name: [PRINT NAME]
Address: __________________________________

Witness #2
Signature: _________________________________
Name: [PRINT NAME]
Address: __________________________________

6. SELF-PROVING AFFIDAVIT

(Pursuant to Minn. Stat. § 524.2-504)

State of Minnesota )
County of [____] ) ss.

We, [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as a Codicil to the Testator's Last Will and Testament; that the Testator signed it willingly (or willingly directed another to sign for the Testator) and executed it as the Testator's free and voluntary act; that each of the witnesses, in the presence and hearing of the Testator, signed the Codicil as a witness; and that to the best of each witness's knowledge the Testator was at that time eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.

______________________________________
[TESTATOR NAME], Testator

______________________________________
[WITNESS #1 NAME], Witness

______________________________________
[WITNESS #2 NAME], Witness

Subscribed, sworn, and acknowledged before me by [TESTATOR NAME], the Testator, and subscribed and sworn before me by [WITNESS #1 NAME] and [WITNESS #2 NAME], witnesses, this [____] day of [MONTH], [YEAR].

______________________________________
Notary Public

My Commission Expires: ________________

Sources and References

• Minn. Stat. § 524.2-502 — Execution; witnessed wills (official)
• Minn. Stat. § 524.2-504 — Self-proved will (official)
• Minn. Stat. § 524.1-201 — General definitions ("will" includes a codicil)
• Minn. Stat. § 524.2-507 — Revocation by writing or by act
• Minn. Stat. § 524.2-501 — Capacity to make a will
• Minn. Stat. § 524.5-202 — Parental appointment of a minor's guardian
• Minn. Stat. § 524.2-702(d) — Express survivorship directions