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Codicil (North Dakota)

Codicil Instruction Sheet

Heading: Enter the name of the Testator-the person who created the Will and is now making changes.

First Paragraph: Enter the full legal name of the Testator and then enter their address. Next enter the date that the Last Will and Testament was executed and created.

Paragraph I: Type in full and clear sentences the changes you want to make to the Will. Examples of changes may include: changing a beneficiary, changing the executor of your Will, changing a named guarding, deleting or adding a clause. If you are deleting a clause, be specific and enter the clause number that is used in your Will. If for example, you are changing a beneficiary be clear and concise state: Clause 12 of My Will is amended so that the beneficiary of my diamond ring will be changed from Rosemary Jones to Sara Doe of 123 Main Street, Louisville, KY 40018.

Paragraph II: Enter the date that your Last Will and Testament was signed and executed. This should be the same date as you entered in the First Paragraph

Signature: Before signing, ensure that you are in in the presence of your Witnesses and notary, if applicable, as it is required by law. Once you are in the presence of your witnesses and notary public, if applicable, then in the sentence beginning with “In Witness whereof…” enter the date that you will be signing the Codicil and the City and state that you are located in. The Testator then initials and signs the pages. The witnesses then initial, sign and enter in the Testator’s name, the date and the City and State. Each Witness signs, then prints their name and address.

Please refer to the information page for further instructions for signing and the information page located at the end of the Codicil.

It is also a very good idea to attach a Self-Proving Affidavit to your Codicil, which can be found on the site under the Estate Planning Section. By having a Self-Proving Affidavit attached to a Last Will and Testament and/or a Codicil this will provide additional protection and your witnesses will then not need to testify in court. A Self-Proving Affidavit must be signed by the Witnesses and in front of a notary public. This can be done at the same time as executing your Codicil or at a later time. Once the affidavit is completed you should staple it to your Codicil.