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Example Codicil

A codicil is a legal document that changes specific provisions of a last will and testament but leaves all the other provisions the same. If you are interested in leaving a gift for the Community Foundation of Northwest Georgia in your will, and you are wondering about the wording of Codicil, please review the examples below: 

First Codicil to Will
of
John Doe

I, John Doe, a resident of Whitfield County, Georgia, declare this to be the First Codicil to my Will dated January 1, 2018.

I add the following to Article Two of my Will:

Example of Gift to Existing Donor Advised Fund:

Section 2.03 Community Foundation of Northwest Georgia.  I will and bequeath unto The Community Foundation of Northwest Georgia, Inc., a charitable, nonprofit corporation organized under the laws of the State of Georgia and located in Dalton, Georgia, the sum of One Hundred Thousand Dollars ($100,000) to be added to the Doe Family Donor Advised Fund.”

Example of a General Charitable Bequest

“Section 2.03 Community Foundation of Northwest Georgia. I will and bequeath unto The Community Foundation of Northwest Georgia, Inc., (the “Community Foundation”) a charitable, nonprofit corporation organized under the laws of the State of Georgia and located in Dalton, Georgia, or its successor in interest, the sum of One Hundred Thousand Dollars ($100,000) to be used exclusively for its general charitable purposes.

If the Community Foundation is not in existence at the time of distribution and there is no successor in interest or its successors in interest cannot be identified with reasonable certainty, then my Executor shall designate one or more charitable organizations having the same or similar charitable purposes as the Community Foundation to receive this distribution.  Each charitable organization must be a charity of a type described in Section 2055(a) of the Internal Revenue Code.  My Executor shall determine the amounts, shares and interests of the distributions.”

Example of a Bequest Creating a Donor Advised Fund 

Section 2.03 Community Foundation of Northwest Georgia. I will and bequeath unto The Community Foundation of Northwest Georgia, Inc., (the “Community Foundation”) a charitable, nonprofit corporation organized under the laws of the State of Georgia and located in Dalton, Georgia, or its successor in interest, the sum of One Hundred Thousand Dollars ($100,000). This devise shall be used to establish a donor advised fund at the Community Foundation to be known as the Doe Family Fund. 

The Doe Family Fund shall be a permanent endowment fund, and distributions from the Doe Family Fund will be made as the Community Foundation deems appropriate. Nonetheless, I direct that an Advisory Committee consisting of Jane Doe, John Smith, and Sam Jones may make written recommendations from time to time to the Community Foundation concerning grants from the Doe Family Fund, provided the proposed grant is in furtherance of the general charitable purposes of the Community Foundation.

If the Community Foundation is not in existence at the time of distribution and there is no successor in interest or its successors in interest cannot be identified with reasonable certainty, then my Executor shall designate one or more charitable organizations having the same or similar charitable purposes as the Community Foundation to receive this distribution.  Each charitable organization must be a charity of a type described in Section 2055(a) of the Internal Revenue Code.  My Executor shall determine the amounts, shares and interests of the distributions.”

Example of a Residuary Gift to the Community Foundation

I revoke Article Three of my Will in its entirety and substitute the following in its place:

“Article Three”

My Residuary Estate

All the remainder of my estate will be referred to in my Will as my ‘residuary estate.’ I give my residuary estate to The Community Foundation of Northwest Georgia, Inc., (the “Community Foundation”) a charitable, no profit corporation organized under the laws of the State of Georgia and located in Dalton, Georgia, or its successor in interest, to be used for the Community Foundation’s charitable purposes in accordance with and subject to the governing instruments of the Community Foundation. 

If the Community Foundation is not in existence at the time of distribution and there is no successor in interest or its successors in interest cannot be identified with reasonable certainty, then my Executor shall designate one or more charitable organizations having the same or similar charitable purposes as the Community Foundation to receive this distribution.  Each charitable organization must be a charity of a type described in Section 2055(a) of the Internal Revenue Code.  My Executor shall determine the amounts, shares and interests of the distributions.”

Except as amended in this Codicil, I re-declare and republish my Will.

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my seal at Dalton, Georgia, on January 1, 2019 in the presence of the subscribing witnesses whom I have requested to become attesting witnesses hereto.

____________________________________(SEAL)
John Doe

This instrument was on the date thereof signed, published and declared by John Doe to be the testator’s codicil, in our presence and in the presence of each of us, and we, at the same time, at the testator’s request, in the testator’s presence and in the presence of each other, have hereunto signed our names and addresses as attesting witnesses.

____________________________________
Witness One
123 Walnut Ave
Dalton, GA 30720

____________________________________
Witness Two
123 Walnut Ave
Dalton, GA 30720

SELFPROVING AFFIDAVIT

STATE OF GEORGIA

COUNTY OF WHITFIELD

Before me, the undersigned authority, on this day personally appeared John Doe, Witness One, and Witness Two, 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 individuals being by me duly sworn, John Doe, testator, declared to me and to the witnesses in my presence that said instrument is a codicil to the last will and testament of the testator and that the testator had willingly made and executed it as a free act and deed for the purposes expressed therein. The witnesses, each on oath, stated to me in the presence and hearing of the testator that the testator had declared to them that the instrument is a codicil to the testator’s last will and testament and that the testator executed the instrument as such and wished each of them to sign it as a witness; and under oath each witness stated further that the witness had signed the same as witness in the presence of the testator and at the testator’s request; that the testator was 14 years of age or over and of sound mind; and that each of the witnesses was then at least 14 years of age.

________________________________________
John Doe, Testator

________________________________________
Witness One

_______________________________________
Witness Two

Subscribed and sworn before me by John Doe, the testator, and subscribed and sworn to before me by Witness One and Witness Two, the witnesses, on January 1, 2019.

_______________________________________
Notary Public
My Commission Expires: _______________