Codicil to Last Will & Testament - Nebraska

IMPORTANT NOTICE
I am not your attorney, and this template is provided for general informational purposes only. It is not legal advice, nor does its use create an attorney-client relationship. Nebraska law changes periodically and may require adaptation to your specific facts. Always consult a licensed Nebraska attorney before relying on or filing any legal document.

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

State of Nebraska

ARTICLE I

DECLARATION & IDENTIFICATION

1.1 Testator. I, [TESTATOR FULL LEGAL NAME], presently residing at [ADDRESS, COUNTY], Nebraska, being of sound mind and over the age of eighteen (18) years, and acting free of duress or undue influence, declare this instrument to be the [FIRST / SECOND / THIRD / ________________] Codicil to my Last Will and Testament (this "Codicil").

1.2 Will Being Amended. I refer to my Last Will and Testament dated the [____] day of [________________], [____] (the "Will").

1.3 Prior Codicils.
a. ☐ I have executed no prior codicil to the Will.
b. ☐ I have previously executed the following codicil(s), each of which remains in effect except as expressly modified herein: [LIST PRIOR CODICILS BY DATE: ________________________________].

ARTICLE II

CONFIRMATION OF WILL

Except as expressly amended, modified, added to, or revoked by this Codicil and by any prior codicil identified above, I ratify, confirm, and republish my Will in all respects, and I declare that my Will, as so amended, remains in full force and effect.

ARTICLE III

AMENDING PROVISIONS

3.1 Revocation of a Specific Provision or Bequest.
a. ☐ I revoke in its entirety [ARTICLE / SECTION / PARAGRAPH NUMBER AND HEADING: ________________________________] of my Will.
b. ☐ I revoke the specific bequest of [DESCRIPTION OF PROPERTY OR DOLLAR AMOUNT: ________________________________] made to [BENEFICIARY NAME: ________________________________] in my Will. The property so released shall pass under the residuary clause of my Will unless otherwise directed below.

3.2 Addition of a New Bequest.
a. ☐ I 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 by thirty (30) days.
b. ☐ If the foregoing beneficiary does not so survive me, this bequest shall pass to [ALTERNATE BENEFICIARY: ________________________________]; otherwise it shall lapse into the Residue.

3.3 Amendment or Replacement of an Article.
a. ☐ I amend and replace Article/Section [____] of my Will to read in its entirety as follows: [INSERT NEW LANGUAGE: ________________________________________________________________].
b. ☐ New Executor. I revoke the appointment of the Executor named in my Will and instead nominate [NEW EXECUTOR NAME: ________________________________], of [CITY, STATE: ________________], to serve without bond. If that nominee is unable or unwilling to serve, I nominate [SUCCESSOR EXECUTOR NAME: ________________________________].
c. ☐ New Guardian for Minor Children. I revoke the guardian nomination in my Will and instead nominate [NEW GUARDIAN NAME: ________________________________], of [CITY, STATE: ________________], as Guardian of the person and estate of each Minor Child, and [SUCCESSOR GUARDIAN NAME: ________________________________] as successor.
d. ☐ New Trustee or Beneficiary. I revoke the designation of [trustee / beneficiary: ________________] named in Article [____] of my Will and instead designate [NEW TRUSTEE / BENEFICIARY NAME: ________________________________], of [CITY, STATE: ________________], upon the same terms otherwise stated in my Will.

ARTICLE IV

REPUBLICATION OF WILL

I republish and redeclare my Will, as amended by this Codicil and by any prior codicil identified in Article I, as my Last Will and Testament as of the date of this Codicil set forth below. All references in my Will to "this Will" shall, where the context permits, be read to include this Codicil. This Codicil shall be admitted to probate together with my Will.

EXECUTION & ATTESTATION

IN WITNESS WHEREOF, I have signed this Codicil on the date set forth below, declaring it to be the [FIRST / SECOND / THIRD / ________________] Codicil to my Last Will and Testament.

Date: [____] day of [________________], [____]

__________________________________
[TESTATOR FULL LEGAL NAME], Testator

WITNESS ATTESTATION

We, the undersigned witnesses, were present on the date above when [TESTATOR NAME] signed and declared this instrument to be a Codicil to his/her Last Will and Testament. We affirm that the Testator appeared to us to be of sound mind and not under duress, and that the Testator signed (or acknowledged his/her signature) in our presence, and we sign our names hereto as witnesses in the presence of the Testator and each other.

1. __________________________________
   Name: [WITNESS #1 FULL NAME]
   Address: [ADDRESS]

2. __________________________________
   Name: [WITNESS #2 FULL NAME]
   Address: [ADDRESS]

SELF-PROVING AFFIDAVIT

(Made under Neb. Rev. Stat. § 30-2329.)

State of Nebraska )
County of [________________] ) SS.

We, [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the foregoing instrument as a Codicil to his/her Last Will and Testament, that the Testator had signed willingly (or willingly directed another to sign for the Testator), and that the Testator executed it as a free and voluntary act for the purposes therein expressed; and that each of the witnesses, in the presence and hearing of the Testator, signed the Codicil as witness, and that to the best of our knowledge the Testator was at that time eighteen (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 NAME], the Testator, and subscribed and sworn to before me by [WITNESS #1 NAME] and [WITNESS #2 NAME], witnesses, this [____] day of [________________], [____].

__________________________________
Notary Public
My commission expires: __________

Sources and References

• Neb. Rev. Stat. § 30-2327 – Execution
• Neb. Rev. Stat. § 30-2329 – Self-proved will
• Neb. Rev. Stat. Chapter 30 – Decedents' Estates

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