Codicil to Last Will & Testament - North Carolina

CODICIL TO LAST WILL AND TESTAMENT

OF [TESTATOR FULL LEGAL NAME]

State of North Carolina
County of [COUNTY]**

TABLE OF CONTENTS

I. Identification of Testator and Underlying Will
II. Declaration of Continuing Validity
III. Amending Provisions
3.1 Revocation of a Specific Article or Bequest
3.2 Addition of a New Bequest
3.3 Amendment / Replacement of an Article
IV. Republication of the Will
V. Codicil Number
VI. Execution Block
A. Attestation Clause (N.C. Gen. Stat. § 31-3.3)
B. Self-Proving Affidavit (N.C. Gen. Stat. § 31-11.6)
VII. Sources and References

I. IDENTIFICATION OF TESTATOR AND UNDERLYING WILL

I, [TESTATOR FULL LEGAL NAME] (the "Testator"), presently a resident of [STREET ADDRESS, CITY], [COUNTY] County, North Carolina, being of sound mind and 18 years of age or older, and acting voluntarily and free from constraint or undue influence, declare this instrument to be a Codicil (this "Codicil") to my Last Will and Testament.

1.1 Underlying Will. I previously executed my Last Will and Testament dated [__/__/____] (the "Will").

1.2 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 modified herein: [LIST PRIOR CODICILS BY DATE].

1.3 Definitions. Capitalized terms used but not defined in this Codicil have the meanings given to them in the Will.

II. DECLARATION OF CONTINUING VALIDITY

I expressly reaffirm, ratify, and republish the Will and any prior codicil(s) identified above in all respects, EXCEPT as expressly modified by this Codicil. In the event of any conflict between this Codicil and the Will (or any prior codicil), the provisions of this Codicil shall control.

III. AMENDING PROVISIONS

3.1 Revocation of a Specific Article or Bequest

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

☐ Article / Section [____] of the Will is revoked and shall be of no further force or effect.
☐ The specific bequest of [DESCRIPTION OF ASSET / DOLLAR AMOUNT] to [BENEFICIARY NAME] contained in the Will is revoked.
☐ Other: [________________________________].

The property, if any, affected by the foregoing revocation shall pass under the residuary provisions of my Will unless otherwise directed in this Codicil.

3.2 Addition of a New Bequest

I hereby ADD the following provision(s) to my Will:

☐ I give and bequeath [DESCRIPTION OF ITEM / DOLLAR AMOUNT $____] to [BENEFICIARY FULL NAME], of [ADDRESS], [RELATIONSHIP]. If this beneficiary does not survive me, this bequest shall ☐ lapse into my Residuary Estate ☐ pass to [CONTINGENT BENEFICIARY].
☐ I add the following new Item/Article to my Will, to be numbered [____]: [________________________________].

3.3 Amendment / Replacement of an Article

I hereby AMEND and REPLACE the following provision(s) of my Will. The language below supersedes and replaces the corresponding provision in its entirety:

☐ New Executor. The Item/Article appointing my Executor is amended to appoint [NEW EXECUTOR NAME], of [ADDRESS], as Executor, with [ALTERNATE EXECUTOR NAME] as successor Executor. No bond shall be required of any Executor unless mandated by the Clerk of Superior Court.
☐ New Guardian of Minor Children. The Item/Article nominating a Guardian is amended to nominate [NEW GUARDIAN NAME], of [ADDRESS], as Guardian of the person and estate of my minor child(ren), with [ALTERNATE GUARDIAN NAME] as alternate Guardian.
☐ New Trustee / Beneficiary. Section [____] of the Will is amended to provide as follows: [________________________________].
☐ Other Amendment. Item / Article / Section [____] of the Will is amended to read in full as follows: [________________________________].

IV. REPUBLICATION OF THE WILL

By executing this Codicil with the formalities required of an attested written will under N.C. Gen. Stat. § 31-3.3, I republish and redeclare my Will, as amended by this Codicil and any prior codicil identified above, as my Last Will and Testament as of the date of execution of this Codicil. This Codicil shall be read together with the Will as a single, integrated testamentary plan.

V. CODICIL NUMBER

This instrument is the [FIRST / SECOND / THIRD / ____ ] Codicil to my Last Will and Testament.

VI. EXECUTION BLOCK

I, [TESTATOR FULL LEGAL NAME], the Testator, sign my name to this instrument on this _____ day of ______________, 20____, at __________________________________________, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as a Codicil to my Last Will and Testament, that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes herein expressed, and that I am eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.

___________________________________
[TESTATOR FULL LEGAL NAME], Testator

A. Attestation Clause (N.C. Gen. Stat. § 31-3.3)

We, [WITNESS #1 FULL NAME] and [WITNESS #2 FULL NAME], the witnesses, being first duly sworn, do hereby declare to the undersigned authority that the Testator signified to us that this instrument is the Testator's Codicil and signed it in our presence (or acknowledged to us a signature previously affixed thereto), that the Testator appeared to us to be of sound mind and lawful age, and that each of us, in the presence of the Testator, signs this Codicil as an attesting witness.

Witness #1: _______________________________
Name: ____________________________________
Address: __________________________________

Witness #2: _______________________________
Name: ____________________________________
Address: __________________________________

B. Self-Proving Affidavit (N.C. Gen. Stat. § 31-11.6)

"I, [TESTATOR NAME], the testator, sign my name to this instrument this _____ day of ______________, 20____ and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as a codicil to my last will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen years of age or older, of sound mind, and under no constraint or undue influence.

_________________________________
Testator

We, [WITNESS #1 NAME], [WITNESS #2 NAME], the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the testator signs and executes this instrument as a codicil to the testator's last will and that the testator signs it willingly (or willingly directs another to sign for the testator), and that each of us, in the presence and hearing of the testator, hereby signs this codicil as witness to the testator's signing, and to the best of our knowledge the testator is eighteen years of age or older, of sound mind, and under no constraint or undue influence.

_________________________________
Witness

_________________________________
Witness

THE STATE OF NORTH CAROLINA.
COUNTY OF [COUNTY].

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 ______________.

(SEAL)

(SIGNED) ________________________________
________________________________________
(OFFICIAL CAPACITY OF OFFICER)"
My Commission Expires: __________

VII. SOURCES AND REFERENCES

• N.C. Gen. Stat. § 31-1 — Who may make will: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_31/GS_31-1.html
• N.C. Gen. Stat. § 31-3.1 — Will invalid unless statutory requirements complied with: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_31/GS_31-3.1.html
• N.C. Gen. Stat. § 31-3.3 — Attested written will: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_31/GS_31-3.3.html
• N.C. Gen. Stat. § 31-5.1 — Revocation of written will: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_31/GS_31-5.1.html
• N.C. Gen. Stat. § 31-11.6 — How attested wills may be made self-proved: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_31/GS_31-11.6.html