Codicil to Last Will & Testament - Mississippi

CODICIL TO LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

I. DOCUMENT HEADER

1. Testator. I, [TESTATOR FULL LEGAL NAME], a resident of [COUNTY] County, Mississippi, being of sound and disposing mind and eighteen (18) years of age or older, declare this to be the [ORDINAL — e.g., First / Second / Third] Codicil (this "Codicil") to my Last Will and Testament.

2. Will Being Amended. This Codicil amends my Last Will and Testament dated [__/__/____] (the "Will").

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].

4. Governing Law. This Codicil is governed by and shall be construed under the laws of the State of Mississippi, including Miss. Code Ann. § 91-5-1 et seq.

5. Capacity & Voluntary Act. I execute this Codicil freely and voluntarily and under no undue influence.

II. DECLARATION — WILL REMAINS IN FULL FORCE

I intend this Codicil to amend the Will identified above only as expressly stated below. I do not revoke the Will as a whole.

III. AMENDING PROVISIONS

A. Revocation of a Specific Section or Bequest

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

☐ 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 property at [ADDRESS]"] to [BENEFICIARY NAME] set forth in Section [____] is revoked. The subject property shall pass into the Residue of my Will unless otherwise provided in this Codicil.

B. 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 predeceases me, this gift shall ☐ lapse into the Residue ☐ pass to [ALTERNATE BENEFICIARY] ☐ pass per stirpes to the Beneficiary's issue.

C. Amendment or Replacement of a Section

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

☐ New Executor. Section [____] of the Will is amended so that I nominate [NEW EXECUTOR NAME & CITY/STATE] as Executor, in place of [FORMER EXECUTOR NAME], with [ALTERNATE EXECUTOR NAME] to serve if the primary is unwilling or unable. The nominee shall serve subject to any required court appointment, bond, approvals, and the powers granted by the Will and applicable law.

☐ New Guardian. Section [____] of the Will is amended so that I nominate [NEW GUARDIAN NAME] as guardian of the person and property of any minor child of mine, in place of [FORMER GUARDIAN NAME], with [ALTERNATE GUARDIAN NAME] as successor.

☐ New Trustee / Beneficiary. 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 Section shall be [NEW BENEFICIARY NAME], in place of [FORMER BENEFICIARY NAME].

☐ New / Restated Residue. Section [____] of the Will is amended so that my Residue shall pass as follows: [NEW RESIDUARY DISTRIBUTION — beneficiaries and shares].

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

IV. RATIFICATION AND EFFECT OF AMENDMENTS

I ratify and confirm the provisions of my Will that this Codicil does not expressly change. If this Codicil conflicts with a provision of the Will or an earlier codicil, I intend this Codicil to control that provision to the extent of the conflict. I do not revoke the Will as a whole.

V. EXECUTION BLOCK

(Conforming to Miss. Code Ann. § 91-5-1)

A. Testator Signature

I, [TESTATOR FULL LEGAL NAME], the Testator, sign my name to this Codicil on the date stated below and declare to the undersigned witnesses that I willingly sign and execute this instrument as a Codicil to my Last Will and Testament.

Date: [__/__/____]

__________________________________
[TESTATOR SIGNATURE]
Testator

B. Witness Attestation

We, the undersigned witnesses, each being a credible witness, declare that (i) the Testator signed this Codicil in our presence, (ii) the Testator appears to be of sound mind and under no undue influence, and (iii) we now, at the Testator's request and in the Testator's presence, subscribe our names as witnesses.

C. Affidavit of Subscribing Witnesses

(Under Miss. Code Ann. § 91-7-7, affidavits of subscribing witnesses may prove execution and must state each witness’s address. Section 91-7-9 permits an affidavit in place of the witness’s personal attendance when there is no contest. Confirm the court’s requirements before using this optional affidavit.)

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

Before me, the undersigned authority duly authorized to administer oaths in the State of Mississippi, on this day personally appeared [WITNESS #1 NAME] and [WITNESS #2 NAME], the subscribing witnesses to the foregoing instrument, who, being by me first duly sworn, on their oaths state:

1. That they witnessed the execution of the foregoing instrument as a Codicil to the Last Will and Testament of [TESTATOR FULL LEGAL NAME], the Testator;
2. That the Testator, in the presence of these witnesses, signed and published the said instrument as a Codicil to the Testator's Last Will and Testament;
3. That these witnesses, at the request of the Testator and in the presence of the Testator, subscribed their names as attesting witnesses; and
4. That at the time of executing the said Codicil the Testator was of sound and disposing mind and memory, eighteen (18) years of age or older, and under no constraint or undue influence.

______________________________ Witness #1
Print Name: [WITNESS #1 NAME]
Address: ____________________________________

______________________________ Witness #2
Print Name: [WITNESS #2 NAME]
Address: ____________________________________

SWORN TO AND SUBSCRIBED before me by [WITNESS #1 NAME] and [WITNESS #2 NAME] on this [____] day of [MONTH], [YEAR].

__________________________________
Notary Public, State of Mississippi
My Commission Expires: __________________

(Seal)

Sources and References

• Miss. Code Ann. § 91-5-1 — Who may execute; signature; attestation (codicil) (Justia)
• Miss. Code Ann. § 91-7-7 — Proof of due execution of will; affidavits of subscribing witnesses (Justia)
• Miss. Code Ann. § 91-7-9 — Affidavit of subscribing witness receivable (Justia)