Codicil to Last Will & Testament

CODICIL TO LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

(Drafted for use under the laws of the State of Ohio)

TABLE OF CONTENTS

1. Identification and the Will Being Amended
2. Declaration; Will Remains in Force
3. Amending Provisions
4. Republication
5. Execution
6. Attestation (Conscious Presence)
7. Witness Affidavit (NOT a Self-Proving Affidavit)

1. IDENTIFICATION AND THE WILL BEING AMENDED

1.1 Testator. I, [TESTATOR FULL LEGAL NAME], residing at [ADDRESS], [COUNTY] County, Ohio, being of sound mind and over the age of eighteen (18) years and under no constraint or undue influence, declare this instrument to be the [ORDINAL — e.g., First / Second / Third] Codicil (this "Codicil") to my Last Will and Testament.

1.2 Existing Will. I refer to my Last Will and Testament dated [__/__/____] (the "Will").

1.3 Prior Codicils. ☐ I have executed no prior codicil to the Will.
☐ I have previously executed the following codicil(s), which remain in effect except as modified herein: [LIST PRIOR CODICILS BY DATE: ______________________________].

1.4 Capacity. I have testamentary capacity, I execute this Codicil voluntarily, and this Codicil expresses my testamentary intent as to the matters addressed herein.

2. DECLARATION; WILL REMAINS IN FORCE

2.1 I amend the Will only as expressly set forth in Section 3 of this Codicil.

2.2 Except as expressly amended, revoked, or supplemented by this Codicil, I ratify, confirm, and republish the Will in all respects, and I direct that the Will and this Codicil be read and construed together as a single, integrated testamentary instrument.

2.3 If any provision of this Codicil conflicts with the Will or any prior codicil, the provisions of this Codicil control.

3. AMENDING PROVISIONS

3.1 Revocation of an Article or Bequest

☐ I revoke in its entirety Article/Section [____] of the Will [and/or the specific bequest of [DESCRIBE PROPERTY/AMOUNT] to [BENEFICIARY NAME]]. Any property that was the subject of a revoked specific bequest shall pass under the residuary provisions of the Will unless otherwise directed in this Codicil.

☐ I revoke the following words/sentence within Article/Section [____]: "[QUOTE TEXT BEING REMOVED]".

3.2 Addition of a New Bequest

☐ I add the following bequest to the Will:
I give, devise, and bequeath [$[AMOUNT] / DESCRIBE PROPERTY OR ASSET], free of all death taxes and costs of transfer, to [BENEFICIARY FULL LEGAL NAME], of [ADDRESS], if [he/she/they] survive(s) me. If this beneficiary does not survive me, this gift shall ☐ lapse into my Residuary Estate ☐ pass to [ALTERNATE BENEFICIARY].

3.3 Amendment or Replacement of an Article

☐ I amend and restate Article/Section [____] of the Will to read in its entirety as follows:
"[INSERT FULL REPLACEMENT TEXT]".

(a) New Executor (Personal Representative)

☐ I revoke the nomination of Executor in the Will and nominate [NEW PRIMARY EXECUTOR NAME], of [ADDRESS], as Executor of my Estate. If that person is unable or unwilling to serve, I nominate [SUCCESSOR EXECUTOR NAME]. ☐ No bond shall be required, except as the Probate Court may otherwise order. ☐ Bond shall be required.

(b) New Guardian for Minor Children

☐ I revoke the nomination of Guardian in the Will and nominate [NEW PRIMARY GUARDIAN NAME], of [ADDRESS], as Guardian of the person and estate of any minor child of mine who requires a guardian, with [SUCCESSOR GUARDIAN NAME] as alternate.

(c) New Trustee or Trust Beneficiary

☐ I revoke the designation of Trustee in the Will and nominate [NEW TRUSTEE NAME], of [ADDRESS], as Trustee of any trust created under the Will, with [SUCCESSOR TRUSTEE NAME] as alternate.

☐ I amend the beneficiary designation of the [NAME OF TRUST/ARTICLE] so that the beneficiary shall be [NEW BENEFICIARY NAME] in the share of [STATE SHARE/PERCENTAGE].

3.4 Additional Amendments

☐ [INSERT ANY ADDITIONAL AMENDING LANGUAGE: ______________________________________________]

4. REPUBLICATION

By executing this Codicil, I republish and re-execute the Will, as amended by this Codicil and by any prior codicil that remains in effect, as of the date of this Codicil. All provisions of the Will not changed by this Codicil are confirmed and shall remain in full force and effect.

5. EXECUTION

I, [TESTATOR FULL LEGAL NAME], sign my name at the end of this Codicil on this [____] day of [MONTH], [YEAR], at [CITY], Ohio. I declare that I sign and execute this instrument as a Codicil to my Last Will and Testament, that I sign it willingly and as a free and voluntary act, and that I am of sound mind and under no constraint or undue influence.

______________________________
[TESTATOR NAME], Testator

6. ATTESTATION (CONSCIOUS PRESENCE)

We, the undersigned witnesses, certify that the Testator declared to us that this instrument is a Codicil to [his/her/their] Last Will and Testament and that the Testator signed it at the end (or directed another to sign on [his/her/their] behalf in the Testator's conscious presence) in our conscious presence, and that we saw the Testator subscribe (or heard the Testator acknowledge the signature). We, in the Testator's conscious presence, subscribe our names as witnesses. We each affirm that we are at least eighteen (18) years of age and competent to act as witnesses under Ohio Rev. Code §§ 2107.03 and 2107.06.

Witness #1:
______________________________
Name: [PRINT NAME]
Address: [ADDRESS]

Witness #2:
______________________________
Name: [PRINT NAME]
Address: [ADDRESS]

7. WITNESS AFFIDAVIT — NOT A SELF-PROVING AFFIDAVIT

NOTICE: This affidavit does NOT make this Codicil self-proving under Ohio law. Witness testimony or other proof of execution is ordinarily required at probate. (Ohio Rev. Code §§ 2107.06, 2107.18.)

State of Ohio )
County of ______ ) ss:

We, [WITNESS #1 NAME] and [WITNESS #2 NAME], being first duly sworn, depose and state:

1. We were present and witnessed [TESTATOR NAME] sign (or acknowledge the Testator's signature on) the foregoing instrument, which the Testator declared to be a Codicil to the Testator's Last Will and Testament.

2. The Testator signed the Codicil at the end in our conscious presence (or directed another to sign in the Testator's conscious presence and at the Testator's express direction), and each of us subscribed our name as a witness in the conscious presence of the Testator.

3. At the time of execution the Testator appeared to be of sound mind, over the age of eighteen (18) years, and under no constraint or undue influence.

4. Each of us is at least eighteen (18) years of age and competent to act as a witness.

______________________________
[WITNESS #1 NAME], Witness

______________________________
[WITNESS #2 NAME], Witness

Sworn to and subscribed before me by the witnesses this [____] day of [MONTH], [YEAR].

______________________________
Notary Public
My commission expires: __________

SOURCES AND REFERENCES

• Ohio Rev. Code § 2107.03 (Method of making will): https://codes.ohio.gov/ohio-revised-code/section-2107.03
• Ohio Rev. Code § 2107.06 (Age requirement for witnessing will): https://codes.ohio.gov/ohio-revised-code/section-2107.06
• Ohio Rev. Code § 2107.18 (Admission of will to probate): https://codes.ohio.gov/ohio-revised-code/section-2107.18
• Ohio Rev. Code § 2107.33 (Revocation of will): https://codes.ohio.gov/ohio-revised-code/section-2107.33