Codicil to Last Will and Testament - Montana

[FIRST / SECOND / THIRD] CODICIL TO LAST WILL AND TESTAMENT

of [TESTATOR FULL LEGAL NAME]

Mont. Code Ann. § 72-1-103(59) defines “will” to include a codicil and an instrument that revokes or revises another will or nominates a guardian. This codicil must be executed as a witnessed will under § 72-2-522. Do not use it if the intended changes are extensive, inconsistent with other estate-planning documents, or better handled by a replacement will.

1. IDENTIFICATION

I, [TESTATOR FULL LEGAL NAME], of [COUNTY] County, Montana, declare this instrument to be my [FIRST / SECOND / THIRD / ______] Codicil to my Last Will and Testament dated [__/__/____] (the “Will”).

Prior codicils:

☐ None

☐ The following, identified by date: [________________________________]

2. LIMITED AMENDMENTS

Use only the provisions selected and completed below. Delete unused alternatives before signing.

2.1 Revoke a Provision

☐ I revoke [ARTICLE / SECTION / PARAGRAPH AND HEADING] of the Will in its entirety.

☐ I revoke the devise of [PROPERTY OR AMOUNT] to [BENEFICIARY]. The disposition of the affected property after revocation must be confirmed by Montana counsel against the remaining Will.

2.2 Add or Replace a Devise

☐ I add the following devise:

I devise [PROPERTY OR AMOUNT] to [BENEFICIARY FULL LEGAL NAME], if that beneficiary survives me by [120 / OTHER: ____] hours.

If that beneficiary does not survive for the selected period:

☐ The devise passes to [ALTERNATE BENEFICIARY].

☐ The devise passes under the Will's residuary provision, if applicable.

☐ I replace [ARTICLE / SECTION / PARAGRAPH] with the following complete text:

[____________________________________________________________]

2.3 Change a Fiduciary or Guardian Nomination

☐ Personal Representative. I revoke the nomination of [NAME] and nominate [NEW NAME AND ADDRESS]. If that nominee does not serve, I nominate [SUCCESSOR NAME AND ADDRESS]. Any bond waiver or independent-administration request must be stated only after Montana counsel reviews the Will and current probate requirements.

☐ Trustee. I revoke the designation of [NAME] as trustee under [ARTICLE / TRUST] and designate [NEW NAME AND ADDRESS], subject to the remaining terms of the Will and trust.

☐ Guardian of an Unmarried Minor. As a parent, I revoke the prior guardian nomination and nominate [NEW NAME AND ADDRESS], with [SUCCESSOR NAME AND ADDRESS] as successor. A Montana testamentary guardian appointment becomes effective only through the acceptance and circumstances described in §§ 72-5-211 and 72-5-212, and remains subject to §§ 72-5-213 and 72-5-222.

3. CONFIRMATION

Except for the changes expressly stated in this Codicil, I confirm the Will and any prior codicil identified above.

4. EXECUTION

Section 72-2-522 requires a witnessed will to be in writing, signed by the testator or by another individual in the testator's conscious presence and at the testator's direction, and signed by at least two individuals within a reasonable time after each witnessed the signing or the testator's acknowledgment of the signature or will.

Testator

I sign this Codicil willingly as my free and voluntary act.

Signature: ____________________________________

Printed name: [TESTATOR FULL LEGAL NAME]

Date: [__/__/____]

Witness 1

I witnessed the Testator sign this Codicil or acknowledge the Testator's signature or this Codicil, and I sign within a reasonable time after that event.

Signature: ____________________________________

Printed name: [WITNESS 1 FULL LEGAL NAME]

Address: [________________________________]

Date: [__/__/____]

Witness 2

I witnessed the Testator sign this Codicil or acknowledge the Testator's signature or this Codicil, and I sign within a reasonable time after that event.

Signature: ____________________________________

Printed name: [WITNESS 2 FULL LEGAL NAME]

Address: [________________________________]

Date: [__/__/____]

5. OPTIONAL SELF-PROVING AFFIDAVIT

Use this block only if every declarant can truthfully make it before an officer authorized to administer oaths. It follows the post-execution form in Mont. Code Ann. § 72-2-524(2). Self-proof does not replace the execution requirements above.

STATE OF [________________]

COUNTY OF [________________]

We, [TESTATOR], [WITNESS 1], and [WITNESS 2], the Testator and witnesses whose names are signed to the foregoing instrument, being first duly sworn, declare to the undersigned authority that:

• the Testator signed and executed the instrument as a Codicil to the Testator's Will;
• the Testator signed willingly, or willingly directed another to sign for the Testator;
• the Testator executed it as a free and voluntary act for the purposes expressed in it;
• each witness, in the presence and hearing of the Testator, signed as a witness to the Testator's signing; and
• to the best of each witness's knowledge, the Testator was then 18 years of age or older, of sound mind, and under no constraint or undue influence.

Testator: ____________________________________

Witness 1: ___________________________________

Witness 2: ___________________________________

Subscribed, sworn to, and acknowledged before me by [TESTATOR], the Testator, and subscribed and sworn to before me by [WITNESS 1] and [WITNESS 2], witnesses, on [__/__/____].

Officer signature: _____________________________

Official capacity: _____________________________

Official seal:

6. SIGNING REVIEW

☐ The original Will and every prior codicil were reviewed together.

☐ Names, dates, article numbers, beneficiary designations, fiduciary nominations, and survivorship language were checked for conflicts.

☐ Unused alternatives and drafting instructions were removed.

☐ The Testator and both witnesses completed the execution block.

☐ The optional self-proving affidavit was used only if its facts were true and the authorized officer completed the certificate and seal.

☐ The signed Codicil will be stored with—not physically attached in a way that damages—the original Will and prior codicils.

7. OFFICIAL SOURCES

• Mont. Code Ann. § 72-1-103 — definitions
• Mont. Code Ann. § 72-2-522 — execution
• Mont. Code Ann. § 72-2-524 — self-proof
• Mont. Code Ann. § 72-5-211 — testamentary guardian appointment
• Mont. Code Ann. § 72-5-212 — foreign-will appointment
• Mont. Code Ann. § 72-5-222 — court appointment and priority