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. Effect on Earlier Instruments
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. Effect of This Codicil
V. Codicil Number
VI. Execution Block
A. Attested Execution (N.C. Gen. Stat. § 31-3.3)
B. Simultaneous Execution and Self-Proof (N.C. Gen. Stat. § 31-11.6(a))
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. EFFECT ON EARLIER INSTRUMENTS

The Will and any prior codicil(s) identified above remain in effect except to the extent expressly changed by this Codicil. If a provision of this Codicil conflicts with a provision of the Will or an earlier codicil, this Codicil controls that conflict.

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 disposition of property affected by this revocation is governed by the remaining terms of my Will and applicable law unless this Codicil expressly provides otherwise.

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: ☐ I give the bequest instead to [CONTINGENT BENEFICIARY]; ☐ I make no alternative disposition here, leaving the result to the remaining Will and applicable law.
☐ 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.
☐ 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. EFFECT OF THIS CODICIL

I intend this Codicil to change only the provisions identified above. I intend it to be read with my Will and any prior codicil identified above. I do not intend this Codicil to change the execution date of the Will.

V. CODICIL NUMBER

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

VI. EXECUTION BLOCK

Choose A or B before execution; delete the unused option. Each witness must sign in the Testator's presence. Option B includes the notarial acknowledgment and affidavits for simultaneous self-proof.

A. Attested Execution (N.C. Gen. Stat. § 31-3.3)

I, [TESTATOR FULL LEGAL NAME], sign this Codicil on [DATE] and declare it to be my Codicil to the Will identified above.

Testator signature: _______________________________

We, the undersigned competent witnesses, sign this Codicil in the Testator's presence. The Testator signed it in our presence or acknowledged to us a signature previously affixed to it, and signified that this instrument is the Testator's Codicil.

Witness #1: _______________________________
Name: ____________________________________
Address: __________________________________

Witness #2: _______________________________
Name: ____________________________________
Address: __________________________________

B. Simultaneous Execution and Self-Proof (N.C. Gen. Stat. § 31-11.6(a))

I, [TESTATOR NAME], the Testator, sign my name to this instrument this _____ day of ______________, 20____ and, being first duly sworn, declare to the undersigned officer 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 stated in it, 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] and [WITNESS #2 NAME], the witnesses, sign our names to this instrument and, being first duly sworn, declare to the undersigned officer that the Testator signs and executes this instrument as a Codicil to the Testator's Last Will and signs it willingly (or willingly directs another to sign for the Testator), that each of us signs this Codicil in the presence and hearing of the Testator as a witness to the Testator's signing, and that 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

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 ______________, 20____.

(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
• N.C. Gen. Stat. § 31-42 — Failure of devises by lapse or otherwise: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_31/GS_31-42.html