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 at least eighteen (18) years of age, 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

I intend the Will and each prior codicil identified above to remain in effect except to the extent expressly changed by this Codicil or inconsistent with its completed provisions. I make no other change to those instruments here.

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. I direct that property instead to [RECIPIENT AND TERMS / IDENTIFIED RESIDUARY CLAUSE].

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 [NEW PERSONAL REPRESENTATIVE NAME: ________________________________], of [CITY, STATE: ________________], as Personal Representative, subject to applicable appointment, bond, and administration requirements. If that nominee is unable or unwilling to serve, I nominate [SUCCESSOR PERSONAL REPRESENTATIVE NAME: ________________________________].
☐ New Guardian for Minor Children. I revoke the guardian nomination in my Will and instead nominate [NEW GUARDIAN NAME: ________________________________], of [CITY, STATE: ________________], for my minor children, and [SUCCESSOR GUARDIAN NAME: ________________________________] as successor, subject to the court's appointment and any separate property-management requirements.
☐ 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

EFFECT ON EXISTING WILL

This Codicil expresses only the changes completed above. I request that it be presented for probate with the identified Will and prior codicils when appropriate. Any conflict between this Codicil and an earlier provision should be resolved according to my expressed changes and applicable law.

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

OPTIONAL SELF-PROVING CERTIFICATE

(Substantial form under Mo. Rev. Stat. § 474.337; the testator and both witnesses must appear together and be sworn before the authorized officer.)

STATE OF [________________]

COUNTY OF [________________]

I, the undersigned officer authorized to administer oaths, certify that [TESTATOR NAME], the testator, and [WITNESS 1 NAME] and [WITNESS 2 NAME], the witnesses whose names are signed to the foregoing Codicil, appeared together before me and were first duly sworn. Each then declared to me that the testator signed and executed the instrument as a codicil to the testator's last will, that the testator willingly signed or willingly directed another to sign for the testator, and that the testator executed it as a free and voluntary act for the purposes expressed. Each witness declared that, in the presence and hearing of the testator, the witness signed the Codicil and that, to the best of the witness's knowledge, the testator was then eighteen or more years of age, of sound mind, and under no constraint or undue influence.

I subscribe my name and affix my official seal on [__/__/____].

Officer signature: _______________________________

Officer name and official capacity: [_____________________________]

Official seal: [SEAL]

Sources and References

• Mo. Rev. Stat. § 472.010(30) – Will includes codicil
• Mo. Rev. Stat. § 474.320 – Execution of wills
• Mo. Rev. Stat. § 474.337 – Written will self-proved, how
• Mo. Rev. Stat. § 474.310 – Who may make will
• Mo. Rev. Stat. § 474.400 – Revocation of written wills

End of Document