Codicil to Last Will & Testament - New Mexico

CODICIL TO LAST WILL AND TESTAMENT

OF [TESTATOR FULL LEGAL NAME]

State of New Mexico
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 (NMSA 1978, § 45-2-502)
8. Self-Proving Affidavit (NMSA 1978, § 45-2-504)
9. Sources and References

1. IDENTIFICATION OF TESTATOR AND UNDERLYING WILL

I, [TESTATOR FULL LEGAL NAME], domiciled in [COUNTY] County, New Mexico (the "Testator"), being eighteen (18) years of age or older (or a minor lawfully married) and of sound mind, and acting freely and voluntarily without duress, menace, fraud, 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 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. The Article appointing my Personal Representative is amended to nominate [NEW PERSONAL REPRESENTATIVE NAME], of [CITY, STATE], as Personal Representative, with [ALTERNATE NAME] as successor. No bond shall be required of any Personal Representative unless ordered by the court.
☐ 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 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. 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 NMSA 1978, § 45-2-502, 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, have signed this Codicil on the date set forth below.

____________________________________
[TESTATOR NAME], Testator
Date: ___ / ___ / ______

7. WITNESS ATTESTATION

We, the undersigned witnesses, each declare that on the date written below, the Testator, who is personally known to us, declared the foregoing instrument to be a Codicil to the Testator's Last Will and Testament, signed it (or acknowledged a prior signature) in our presence, and we each sign below as a witness in the presence of the Testator and in the presence of each other.

8. SELF-PROVING AFFIDAVIT

"I, [TESTATOR NAME], the testator, swear or affirm under penalty of perjury on this _____ day of ______________, that I request [WITNESS #1 NAME] and [WITNESS #2 NAME] to act as witnesses to my codicil; that I declare to them and the undersigned authority that this document is a codicil to my will; that I sign this codicil in the presence of both witnesses; that they sign the codicil as witnesses in my presence and in the presence of each other; that the codicil was read by me (or read and explained to me) after being prepared and before I sign it; that it clearly and accurately expresses my wishes; that I sign it willingly (or willingly directed another to sign for me); that I make and sign the codicil as my free and voluntary act for the purposes expressed in the codicil; that I am eighteen years of age or older; that I am mentally capable of disposing of my estate by will; and that I am not acting under duress, menace, fraud or undue influence of any person.

______________________________
Testator

We, [WITNESS #1 NAME] and [WITNESS #2 NAME], the witnesses, do hereby swear or affirm under penalty of perjury on this _____ day of ______________ to the undersigned authority that the testator, [TESTATOR NAME], declares that the attached document is a codicil to his or her will; that the testator signs it willingly (or willingly directs another to sign for him or her); that the testator signs it in the presence of both of us and requests both of us to sign as witnesses; that each of us, in the presence of the testator and in the presence of each other, signs this codicil as witness to the testator's signing; that so far as we can determine, the testator is eighteen years of age or older; that the testator is not acting under duress, menace, fraud or undue influence of any person; and that the testator, in our opinion, is mentally capable of disposing of his or her estate by will.

______________________________
Witness

______________________________
Witness

State of New Mexico
County of [COUNTY]

Subscribed and sworn to, or affirmed under penalty of perjury, and acknowledged before me by [TESTATOR NAME], the testator, and subscribed and sworn to, or affirmed under penalty of perjury, before me by [WITNESS #1 NAME] and [WITNESS #2 NAME], witnesses, this _____ day of ______________.

(Seal)

(Signed) ______________________________
______________________________________
(Official capacity of officer)
My Commission Expires: __________"

9. SOURCES AND REFERENCES

• NMSA 1978, § 45-1-201 — General definitions ("will" includes codicil): https://law.justia.com/codes/new-mexico/chapter-45/article-1/part-2/section-45-1-201/
• NMSA 1978, § 45-2-501 — Who may make a will: https://law.justia.com/codes/new-mexico/chapter-45/article-2/part-5/section-45-2-501/
• NMSA 1978, § 45-2-502 — Execution; witnessed wills: https://law.justia.com/codes/new-mexico/chapter-45/article-2/part-5/section-45-2-502/
• NMSA 1978, § 45-2-504 — Self-proved will: https://law.justia.com/codes/new-mexico/chapter-45/article-2/part-5/section-45-2-504/
• NMSA 1978, § 45-2-507 — Revocation by writing or by act: https://law.justia.com/codes/new-mexico/chapter-45/article-2/part-5/section-45-2-507/