Codicil to Last Will & Testament - Missouri

[FIRST / SECOND / THIRD] CODICIL

TO THE LAST WILL AND TESTAMENT

OF [TESTATOR FULL LEGAL NAME]

State of Missouri, County of [________________________________]

ARTICLE I

IDENTIFICATION AND DECLARATION

1.1 Testator. I, [TESTATOR FULL LEGAL NAME], a resident of [CITY], [COUNTY] County, Missouri, being of sound mind and over the age of eighteen (18) years, and acting freely and without constraint or undue influence, declare this instrument to be the [FIRST / SECOND / THIRD / ________________] Codicil to my Last Will and Testament (the "Codicil").

1.2 Will Being Amended. I refer to my Last Will and Testament dated the [____] day of [________________], [____] (the "Will").

1.3 Prior Codicils. Check one:
☐ I have executed no prior codicil to the Will.
☐ I have previously executed the following codicil(s) to the Will, each of which remains in effect except as expressly modified herein: [LIST PRIOR CODICILS BY DATE: ________________________________].

ARTICLE II

CONFIRMATION OF WILL

Except as expressly amended, modified, added to, or revoked by this Codicil and by any prior codicil identified above, I hereby ratify, confirm, and republish my Will in all respects, and I declare that my Will, as so amended, remains in full force and effect.

ARTICLE III

AMENDING PROVISIONS

3.1 Revocation of a Specific Provision or Bequest. (Use to delete an article, section, or gift.)
☐ I hereby revoke in its entirety [ARTICLE / SECTION / PARAGRAPH NUMBER AND HEADING: ________________________________] of my Will.
☐ I hereby revoke the specific bequest of [DESCRIPTION OF PROPERTY OR DOLLAR AMOUNT: ________________________________] made to [BENEFICIARY NAME: ________________________________] in my Will. The property so released shall pass under the residuary clause of my Will unless otherwise directed below.

3.2 Addition of a New Bequest. (Use to add a gift not in the Will.)
☐ I hereby add the following bequest to my Will, to take effect as though originally set forth therein:
I give, devise, and bequeath [DESCRIPTION OF PROPERTY OR DOLLAR AMOUNT: ________________________________] to [BENEFICIARY FULL LEGAL NAME: ________________________________], of [CITY, STATE: ________________________________], [relationship: ________________], if such beneficiary survives me.
☐ If the foregoing beneficiary does not survive me, this bequest shall pass to [ALTERNATE BENEFICIARY: ________________________________]; otherwise it shall lapse into the residuary estate.

3.3 Amendment or Replacement of an Article. (Use to substitute new language or fiduciaries.)
☐ I hereby amend and replace [ARTICLE / SECTION NUMBER: ____] of my Will to read in its entirety as follows: [INSERT NEW LANGUAGE: ________________________________________________________________].
☐ New Personal Representative (Executor). I revoke the appointment of the Personal Representative named in my Will and instead nominate and appoint [NEW PERSONAL REPRESENTATIVE NAME: ________________________________], of [CITY, STATE: ________________], as Personal Representative, to serve without bond and with independent administration. If that nominee is unable or unwilling to serve, I nominate [SUCCESSOR PERSONAL REPRESENTATIVE NAME: ________________________________].
☐ New Guardian for Minor Children. I revoke the nomination of guardian in my Will and instead nominate [NEW GUARDIAN NAME: ________________________________], of [CITY, STATE: ________________], as guardian of the person and estate of my minor children, and [SUCCESSOR GUARDIAN NAME: ________________________________] as successor guardian.
☐ New Trustee or Beneficiary. I revoke the designation of [trustee / beneficiary: ________________] named in [ARTICLE / SECTION: ____] of my Will and instead designate [NEW TRUSTEE / BENEFICIARY NAME: ________________________________], of [CITY, STATE: ________________], upon the same terms otherwise stated in my Will.

ARTICLE IV

REPUBLICATION OF WILL

I hereby republish and redeclare my Will, as amended by this Codicil and by any prior codicil identified in Article I, as my Last Will and Testament as of the date of this Codicil set forth below. All references in my Will to "this Will" shall, where the context permits, be read to include this Codicil. This Codicil shall be admitted to probate together with my Will.

ARTICLE V

EXECUTION AND ATTESTATION

I, the undersigned Testator, sign this Codicil willingly, declare it to be the [FIRST / SECOND / THIRD / ________________] Codicil to my Last Will and Testament, and execute it as my free and voluntary act, in the presence of the undersigned competent witnesses, who subscribe their names hereto at my request and in my presence and in the presence of each other.

Signed: _______________________________
[TESTATOR FULL LEGAL NAME], Testator
Date: [____] day of [________________], [____]

Witness Attestation

We, the undersigned witnesses, declare that the Testator executed this Codicil in our presence, expressed that it was a Codicil to the Testator's Last Will and Testament, and signed or acknowledged the same in our presence. We now, at the Testator's request, in the Testator's presence and in the presence of each other, subscribe our names as witnesses, and 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.

ARTICLE VI

SELF-PROVING AFFIDAVIT

(Made under Mo. Rev. Stat. § 474.337; strongly recommended for probate efficiency.)

STATE OF MISSOURI )
: ss. )
COUNTY OF [________________] )

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, having appeared together before the undersigned authority and having been first duly sworn, each then declared to me that the Testator signed and executed the foregoing instrument as a Codicil to the Testator's Last Will and Testament, that the Testator signed willingly (or willingly directed another to sign for the Testator), and that the Testator executed it as a free and voluntary act for the purposes therein expressed; and that each of the witnesses, in the presence and hearing of the Testator, signed the Codicil as witness, and that to the best of his or her knowledge the Testator was at that time eighteen (18) or more years of age, of sound mind, and under no constraint or undue influence.

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], witnesses, this [____] day of [________________], [____].

__________________________________
Notary Public for the State of Missouri
My Commission Expires: __________

Sources and References

• Mo. Rev. Stat. § 474.320 – Execution of wills
• Mo. Rev. Stat. § 474.337 – Written will self-proved, how
• Mo. Rev. Stat. § 474.310 – Definitions (will includes codicil)
• Mo. Rev. Stat. § 474.400 – Revival of revoked will

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