Codicil to Last Will & Testament - Oklahoma

CODICIL TO LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

Effective Date: [DATE]
County of [COUNTY], State of Oklahoma

TABLE OF CONTENTS

1. Identification and the Will Being Amended
2. Declaration; Will Remains in Force
3. Amending Provisions
4. Republication
5. Execution, Attestation & Self-Proving Affidavit

1. IDENTIFICATION AND THE WILL BEING AMENDED

1.1 Testator. I, [TESTATOR FULL LEGAL NAME], residing at [ADDRESS], being of lawful age (18 years or older), of sound mind, 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 pursuant to 84 Okla. Stat. § 41.

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 Estate 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 [$[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 by 120 hours. If this beneficiary does not so 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 Personal Representative (Executor)

☐ I revoke the nomination of Personal Representative in the Will and nominate [NEW PRIMARY PERSONAL REPRESENTATIVE NAME], of [ADDRESS], as Personal Representative of my Estate. If that person is unable or unwilling to serve, I nominate [SUCCESSOR PERSONAL REPRESENTATIVE NAME]. My Personal Representative ☐ SHALL ☐ SHALL NOT be required to post bond.

(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 property of any minor child of mine, 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, ATTESTATION & SELF-PROVING AFFIDAVIT

5.1 Testator Signature

I, [TESTATOR FULL LEGAL NAME], subscribe my name at the end of this Codicil on the date and at the place set forth below, and declare to the attesting witnesses that this instrument is a Codicil to my Last Will and Testament, that I sign it willingly (or willingly direct another to sign for me), and that I execute it as my free and voluntary act for the purposes herein expressed.

Date: _____________, 20___ Place: __________________________

______________________________________
[TESTATOR FULL LEGAL NAME], Testator

5.2 Witness Attestation

We, the undersigned witnesses, declare that the Testator, in our presence, subscribed (or acknowledged the Testator's subscription of) this instrument and declared it to be a Codicil to the Testator's Last Will and Testament, and we, each at the Testator's request and in the Testator's presence, subscribe our names as witnesses at the end of this Codicil. We are each at least 18 years of age and otherwise competent.

Witness #1: ___________________________________
Name: [PRINTED NAME]
Address: [ADDRESS]

Witness #2: ___________________________________
Name: [PRINTED NAME]
Address: [ADDRESS]

5.3 Self-Proving Affidavit

(84 Okla. Stat. § 55(5)(a))

THE STATE OF OKLAHOMA
COUNTY OF ___________

Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], known to me to be the testator and the witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and, all of said persons being by me first duly sworn, said [TESTATOR NAME], testator, declared to me and to the said witnesses in my presence that said instrument is a codicil to his last will and testament, and that he had willingly made and executed it as his free and voluntary act and deed for the purposes therein expressed; and the said witnesses, each on his oath stated to me, in the presence and hearing of the said testator, that the said testator had declared to them that said instrument is a codicil to his last will and testament, and that he executed same as such and wanted each of them to sign it as a witness; and upon their oaths each witness stated further that they did sign the same as witnesses in the presence of the said testator and at his request and that said testator was at that time eighteen (18) years of age or over and was of sound mind.

______________________________________
[TESTATOR NAME], Testator

______________________________________
[WITNESS #1 NAME], Witness (signature)
Name and Residence (printed): _______________________________

______________________________________
[WITNESS #2 NAME], Witness (signature)
Name and Residence (printed): _______________________________

Subscribed and acknowledged before me by the said [TESTATOR NAME], testator, and subscribed and sworn before me by the said [WITNESS #1 NAME] and [WITNESS #2 NAME], witnesses, this ____ day of __________, A.D., 20___.

(SEAL)

______________________________________
Notary Public for the State of Oklahoma
My Commission Expires: ___________________

SOURCES AND REFERENCES

• 84 Okla. Stat. § 55 (Formal requisites; self-proved wills and codicils): https://law.justia.com/codes/oklahoma/title-84/section-84-55/
• 84 Okla. Stat. § 41 (Codicil; will and codicil construed as one): https://law.justia.com/codes/oklahoma/title-84/section-84-41/
• 84 Okla. Stat. § 42 (Revival of revoked will): https://law.justia.com/codes/oklahoma/title-84/section-84-42/
• 84 Okla. Stat. § 101 (Revocation of written will): https://law.justia.com/codes/oklahoma/title-84/section-84-101/