Codicil to Last Will & Testament

CODICIL TO LAST WILL AND TESTAMENT

OF [TESTATOR'S FULL LEGAL NAME]

State of New Jersey
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. Witness Attestation (N.J.S.A. 3B:3-2)
8. Self-Proving Affidavit (N.J.S.A. 3B:3-4)
9. Sources and References

1. IDENTIFICATION OF TESTATOR AND UNDERLYING WILL

I, [TESTATOR'S FULL LEGAL NAME], presently residing at [STREET ADDRESS, MUNICIPALITY, COUNTY, STATE OF NEW JERSEY] (the "Testator"), being of sound mind and at least eighteen (18) years of age, 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 fails to survive me by one hundred twenty (120) hours, 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). The Article appointing my Executor is amended to appoint [NEW EXECUTOR NAME], of [ADDRESS], as Executor, with [ALTERNATE EXECUTOR NAME] as Successor Executor. No Executor shall be required to furnish bond or other security.
☐ New Guardian of Minor Children. The Article nominating a Guardian is amended to nominate [NEW GUARDIAN NAME], of [ADDRESS], as Guardian of the person and property 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. 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 N.J.S.A. 3B:3-2, 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'S FULL LEGAL NAME], the Testator, sign my name to this Codicil on this _____ day of ______________, 20____, at ______________, New Jersey.

__________________________________
[TESTATOR'S SIGNATURE], Testator

7. WITNESS ATTESTATION

We, [WITNESS #1 NAME] and [WITNESS #2 NAME], hereby attest that:
(a) The Testator signed or acknowledged this Codicil in our presence;
(b) The Testator declared this instrument to be a Codicil to the Testator's Last Will and Testament;
(c) Each of us, within a reasonable time after witnessing the Testator's signing or acknowledgment, signs our name as a witness; and
(d) Each of us is at least eighteen (18) years of age.

Executed on the _____ day of ______________, 20____, at ______________, New Jersey.

8. SELF-PROVING AFFIDAVIT

I, [TESTATOR NAME], the testator, sign my name to this instrument this _____ day of ______________, 20____, and being 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 18 years of age or older, of sound mind, and under no constraint or undue influence.

_________________________________
[TESTATOR NAME], Testator

We, [WITNESS #1 NAME] and [WITNESS #2 NAME], the witnesses, sign our names to this instrument, and, being duly sworn, 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 him or her), 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 that to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.

_________________________________
[WITNESS #1 NAME], Witness

_________________________________
[WITNESS #2 NAME], Witness

The State of New Jersey
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____.

(Signed) _________________________________
_________________________________
(Official capacity of officer)
My Commission Expires: __________
(Seal)

9. SOURCES AND REFERENCES

• N.J.S.A. 3B:1-2 — Definitions ("Will" includes codicil): https://law.justia.com/codes/new-jersey/title-3b/section-3b-1-2/
• N.J.S.A. 3B:3-1 — Individuals competent to make a will: https://law.justia.com/codes/new-jersey/title-3b/section-3b-3-1/
• N.J.S.A. 3B:3-2 — Execution; witnessed wills: https://law.justia.com/codes/new-jersey/title-3b/section-3b-3-2/
• N.J.S.A. 3B:3-4 — Making will self-proved at time of execution: https://law.justia.com/codes/new-jersey/title-3b/section-3b-3-4/
• N.J.S.A. 3B:3-16 — Methods of altering will: https://law.justia.com/codes/new-jersey/title-3b/section-3b-3-16/