Codicil to Last Will & Testament - Oregon

CODICIL TO LAST WILL AND TESTAMENT

State of Oregon

TABLE OF CONTENTS

1. Identification of Testator and the Will Being Amended
2. Declaration; Will Remains in Force
3. Amending Provisions
4. Republication
5. Attestation Clause
6. Testator's Signature Block
7. Witnesses' Signatures
8. Affidavit of Attesting Witnesses (ORS 113.055)

1. IDENTIFICATION OF TESTATOR AND THE WILL BEING AMENDED

1.1 Testator. I, [TESTATOR FULL LEGAL NAME], presently residing at [ADDRESS], being of sound mind and disposing memory, 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 [__/__/____] (this "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 am eligible to make a will under ORS 112.225, I am of sound mind, 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 Section [____] of the Will [and/or the specific devise/bequest of [DESCRIBE PROPERTY/AMOUNT] to [BENEFICIARY NAME]]. Any property that was the subject of a revoked specific devise or bequest shall pass under the Residuary Estate provisions of the Will unless otherwise directed in this Codicil.

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

3.2 Addition of a New Devise or Bequest

☐ I add the following gift 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 30 days. 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 a Section

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

(a) New Personal Representative

☐ 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].

☐ I request that no bond be required. I understand that the court may require a bond for good cause notwithstanding this request under ORS 113.105(2)(a).

☐ I request that the court set an appropriate bond.

(b) New Guardian / Conservator for Minor Children

☐ I revoke the prior guardian nomination and state my preference that [NEW PRIMARY GUARDIAN NAME], of [ADDRESS], serve as guardian for any minor child of mine, with [SUCCESSOR GUARDIAN NAME] as alternate.

☐ I revoke the prior conservator nomination and state my preference that [NEW PRIMARY CONSERVATOR NAME], of [ADDRESS], serve as conservator for the estate of any minor child of mine, with [SUCCESSOR CONSERVATOR 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/SECTION] 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

I ratify, confirm, and republish the Will, as amended by this Codicil and by any prior codicil that remains in effect. The Will and this Codicil together express my current testamentary plan. All provisions of the Will not changed by this Codicil remain in full force and effect.

5. ATTESTATION CLAUSE

The Testator, [TESTATOR NAME], signed this Codicil, acknowledged the Testator's signature, or directed another person to sign the Testator's name in the presence of each witness. Each witness signs below after seeing the Testator sign, hearing the Testator acknowledge the signature, or hearing or observing the Testator direct another person to sign, consistent with ORS 112.235.

6. TESTATOR'S SIGNATURE BLOCK

______________________________
[TESTATOR NAME], Testator

Date: [__/__/____]

7. WITNESSES' SIGNATURES

Each undersigned witness attests that the Testator, in that witness's presence, signed this Codicil, acknowledged the Testator's signature, or directed another person to sign the Testator's name; that the witness saw the signing, heard the acknowledgment, or heard or observed the direction; and that the witness signs this Codicil as an attesting witness. The Testator appeared to be eligible to make a will, of sound mind, and acting voluntarily.

Witness #1:
______________________________
Name: ________________________
Address: ______________________
Date: [__/__/____]

Witness #2:
______________________________
Name: ________________________
Address: ______________________
Date: [__/__/____]

8. AFFIDAVIT OF ATTESTING WITNESSES

(Optional; ORS 113.055)

State of Oregon )
County of ______ ) ss.

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

1. The Testator, [TESTATOR NAME], declared the foregoing instrument to be a Codicil to the Testator's Last Will and Testament and, in our presence, signed it (or acknowledged a previously affixed signature, or directed another to sign in the Testator's presence).

2. Each of us signed the Codicil as an attesting witness within a reasonable time of the Testator's signing, acknowledgment, or direction to another person to sign.

3. To the best of each Witness's knowledge, the Testator was eligible to make a will under ORS 112.225, was of sound mind, and acted voluntarily at the time of execution.

______________________________
[WITNESS #1 NAME], Witness

______________________________
[WITNESS #2 NAME], Witness

Signed and sworn to (or affirmed) before me on [__/__/____] by [WITNESS #1 NAME] and [WITNESS #2 NAME].

______________________________
Signature of Notarial Officer

Official Stamp: ______________________________

Title of Office: Notary Public for Oregon

My Commission Expires: __________

SOURCES AND REFERENCES

• Oregon Revised Statutes, Chapter 111 (ORS 111.005): https://www.oregonlegislature.gov/bills_laws/ors/ors111.html
• Oregon Revised Statutes, Chapter 112 (ORS 112.225, 112.235, 112.238, 112.245 and 112.285): https://www.oregonlegislature.gov/bills_laws/ors/ors112.html
• Oregon Revised Statutes, Chapter 113 (ORS 113.055 and 113.105): https://www.oregonlegislature.gov/bills_laws/ors/ors113.html
• Oregon Revised Statutes, Chapter 125 (ORS 125.200 and 125.305): https://www.oregonlegislature.gov/bills_laws/ors/ors125.html
• Oregon Revised Statutes, Chapter 194 (ORS 194.280 and 194.285): https://www.oregonlegislature.gov/bills_laws/ors/ors194.html