Codicil to Last Will & Testament

CODICIL TO LAST WILL AND TESTAMENT

OF [TESTATOR FULL LEGAL NAME]

State of New Hampshire
County of [COUNTY]**

TABLE OF CONTENTS

1. Identification of Testator and Underlying Will
2. Declaration of Continuing Validity

3. 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

4. Republication of the Will

5. Codicil Number
6. Execution Block
7. Attestation Clause (RSA 551:2)
8. Self-Proving Affidavit (RSA 551:2-a)
9. Sources and References

1. IDENTIFICATION OF TESTATOR AND UNDERLYING WILL

I, [TESTATOR FULL LEGAL NAME], a resident of [CITY], County of [COUNTY], State of New Hampshire (the "Testator"), being at least eighteen (18) years of age (or a married person under that age) and of sane mind, and acting freely and voluntarily without duress 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.

2. 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.

3. 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 ASSET / DOLLAR AMOUNT $____] to [BENEFICIARY FULL NAME], of [ADDRESS], [RELATIONSHIP]. If this beneficiary does not survive me by thirty (30) days, this bequest shall ☐ lapse into my residuary estate ☐ pass to [CONTINGENT BENEFICIARY].
☐ I add the following new Article to my Will, to be numbered Article [____]: [________________________________].

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 Personal Representative (Executor). Section [____] of the Will is amended to appoint [NEW EXECUTOR NAME], of [ADDRESS], as Personal Representative, with [ALTERNATE EXECUTOR NAME] as successor. No surety bond shall be required of any Personal Representative unless ordered by the Circuit Court – Probate Division.
☐ New Guardian of Minor Children. Section [____] of the Will 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 successor Guardian.
☐ New Trustee / Beneficiary. Section [____] of the Will is amended to provide as follows: [________________________________].
☐ Other Amendment. Article / Section [____] of the Will is amended to read in full as follows: [________________________________].

4. REPUBLICATION OF THE WILL

By executing this Codicil with the formalities required of a will under RSA 551:2, 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.

5. CODICIL NUMBER

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

6. EXECUTION BLOCK

IN WITNESS WHEREOF, I, [TESTATOR FULL LEGAL NAME], the Testator, sign my name to this Codicil on this _____ day of ______________, 20____, at [CITY], New Hampshire, and declare that I sign and execute it willingly as my free and voluntary act for the purposes herein expressed, and that I am of sane mind and under no constraint or undue influence.

_______________________________
[TESTATOR FULL LEGAL NAME], Testator

7. ATTESTATION CLAUSE

The foregoing instrument was, on the date written above, signed by the Testator (or by another at the Testator's express direction and in the Testator's presence) and declared by the Testator to be a Codicil to the Testator's Last Will and Testament. We, the undersigned, each being a credible witness, at the request of the Testator and in the Testator's presence, attest the Testator's signature and subscribe our names as witnesses. To the best of our knowledge, the Testator is at least eighteen (18) years of age (or a married person under that age), of sane mind, and under no constraint or undue influence.

Witness 1: ___________________________
Name: [WITNESS 1 NAME]
Address: [ADDRESS]

Witness 2: ___________________________
Name: [WITNESS 2 NAME]
Address: [ADDRESS]

8. SELF-PROVING AFFIDAVIT

STATE OF NEW HAMPSHIRE
COUNTY OF [COUNTY]

The foregoing instrument was acknowledged before me this _____ day of ______________, 20____ by [TESTATOR NAME], the testator; [WITNESS 1 NAME] and [WITNESS 2 NAME], the witnesses, who under oath do swear as follows:

1. The testator signed the instrument as the testator's codicil to the testator's will or expressly directed another to sign for the testator.
2. This was the testator's free and voluntary act for the purposes expressed in the codicil.
3. Each witness signed at the request of the testator, in the testator's presence, and in the presence of the other witness.
4. To the best of my knowledge, at the time of the signing the testator was at least 18 years of age, or if under 18 years was a married person, and was of sane mind and under no constraint or undue influence.

________________________________
[TESTATOR NAME], Testator

________________________________
[WITNESS 1 NAME], Witness

________________________________
[WITNESS 2 NAME], Witness

________________________________
Notary Public / Justice of the Peace
My commission expires: __________
(Seal)

9. SOURCES AND REFERENCES

• N.H. Rev. Stat. Ann. (RSA) 551:1 — Testators: https://www.gencourt.state.nh.us/rsa/html/LVI/551/551-1.htm
• N.H. Rev. Stat. Ann. (RSA) 551:2 — Requirements (will or codicil): https://www.gencourt.state.nh.us/rsa/html/LVI/551/551-2.htm
• N.H. Rev. Stat. Ann. (RSA) 551:2-a — Self-Proved Wills: https://www.gencourt.state.nh.us/rsa/html/LVI/551/551-2-a.htm
• N.H. Rev. Stat. Ann. (RSA) 551:13 — Revocation: https://www.gencourt.state.nh.us/rsa/html/LVI/551/551-13.htm
• NH Judicial Branch, Circuit Court – Probate Division (Wills): https://www.courts.nh.gov/our-courts/circuit-court/probate-division