; Template for a Codicil to Last Will and - CODICIL TO
Learning Center
Plans & pricing Sign in
Sign Out

Template for a Codicil to Last Will and - CODICIL TO


  • pg 1
									                                   CODICIL TO

                            LAST WILL AND TESTAMENT


      I, @@@@ (name of person), a resident of @@@@(city), @@@ County,

@@@@ (State), declare that this is the First Codicil to my Last Will and Testament,

which is dated _____ Month ____ day, 20__.


      First, I add the following as Paragraph @@ to my Last Will and Testament

dated_____ Month ____ day, 20__.


      2.2      If I am not survived by my spouse, I hereby establish the @@@

(Name of Person) PET TRUST. I give to the Trustee of said Trust a sum of money

equal to $5,000.00 times the number of poodles (describe your dogs fully, for

example standard poodle, toy poodle, labradoodle, cockapoo) I own at the

time of my death. I also give all my dogs to such Trustee. I direct that the trust

money and dogs be administered, invested and distributed according to the

terms set forth herein.

      A.     Trustee/Enforcer:    The Grantor hereby appoints DONNA EZZELL as



established under Section 737.116, Florida Statutes. I appoint DR. SCOTT BRYANT,

whose current     address is WESTSIDE VETERINARY        CLINIC, Reidville Road,
Spartanburg, SC 29301 (864-587-1568) as the person entitled to enforce the

terms of this Trust. No Enforcer of this Trust may also serve as Trustee.

      B.     Expenditures and Distributions.       During the term of this Trust, the

Trustee shall be entitled t o expend such sums of net income, and if necessary,

principal, as the Trustee determines to be necessary or advisable for the health,

care, and welfare of my dogs, including (but not limited to) food, veterinary

care and/or insurance, toys and other recreational activities, and temporary

boarding and/or pet -sitting fees. In exercising such discretion, it is intended that

the Trustee will maintain the dogs in the same standard of health, care, and

welfare as I have provided to my dogs.

      The Trustee is also authorized to pay, or reimburse to the Trustee, any

income taxes attributable to the Trust and other necessary expenses associated

with the administration and distribution thereof. In addition to the foregoing, the

Trustee is authorized to receive compensation in the amount of $100.00 per year

for services rendered in the administration of this Trust.

      C.    Termination and Final Distribution. The Trust shall terminate upon the

earlier of the following: (a) The net value of the Trust assets (other than the dogs)

decreases to less than $100.00; or (b) The death of all of the dogs I own at the

time of my death. If termination of the Trust occurs because of the death of all

of the dogs I own at the time of my death, the Trust shall, at the expense of the

Trust, provide for the respectful and proper disposition of the remains of the

dogs, pay all remaining debts and expenses of the Trust, and then distribute the

remaining assets of the Trust to CAROLINA POODLE RESCUE (“CPR”), provided,
however, that if CPR does not qualify as an organization exempt from federal

income taxes under Section 501(c)(3) of the Internal Revenue Code, then the

Trustee shall select an appropriate tax-exempt organization that provides for the

care of similar pets to receive such distribution. If termination occurs for any

other reason, the Trustee shall distribute the remaining assets of the Trust to the

Trustee, who shall hold such assets outright and free of trust, but conditioned on

providing for the continued health, welfare, and care of my then surviving dogs.

      D.    Enforcement of Trust by Third Party. The purposes and terms of this

Trust may be enforced, at any time, with or without court intervention, by the

Enforcer named above, or if such Enforcer is unable or unwilling to do so, by any

party appointed by a court pursuant to ( THIS APPLIIES TO FLORIDA LAW ONLY.


YOUR STATE) Section 737.116, Florida Statutes. To that end, the Enforcer may

(but is not required to) request an accounting of the funds of the Trust, not more

frequently than quarterly, and inspect the dogs and the conditions of the

premises where the dogs are kept, from time to time, to ensure that appropriate

care is being provided by the Trustee. This provision shall apply even if the party

granted enforcement powers is not the beneficiary of the Trust. Notwithstanding

the foregoing, no provision in this paragraph shall be construed to limit the

powers of the Trustee and the beneficiaries to enforce the terms hereof.

      E.   Purposes.     While any of my dogs are alive, the primary purpose of

the Trust is to provide for the health, care, and welfare of my dogs.

Notwithstanding, if at any time, any one of my dogs suffers from a medical or
physical condition or illness and the Trustee determines, based on a written

opinion of a veterinary professional who has examined the dog, that it would be

more humane to euthanize such dog, then the Trustee is authorized to do so at

the expense of the Trust.

      F.    Spendthrift Provision.    As a material purpose of the Trust, the interest

of any beneficiary in the net income or principal shall not be subject to the

claims of any creditor, any spouse for alimony or support, or others, or to legal

process, and may not be voluntarily or involuntarily alienated or encumbered.

Except as otherwise provided, no beneficiary’s interest shall be subject to

anticipation, assignment, sale or transfer in any manner, nor shall any

beneficiary have the power to anticipate, alienate, encumber or charge such

interest voluntarily or involuntarily, nor shall such interest be liable for or subject to

the debts, obligations, liabilities, torts or contracts of a beneficiary.

      G.      Applicable Law.        (This template represents Florida Law. Please

contact your Attorney to ascertain which Pet Trust Law is applicable in your

State). This Trust is established by the Settlor and accepted by the Trustee under

the laws of the State of Florida, and in particular Section 737.115, Florida

Statutes, and all questions concerning its validity and construction shall be

determined under Florida law, regardless of any change in the situs of the Trust.

      Any Trustee named herein may resign by delivery of a written resignation

to the Successor Trustee, and if none to the person or persons then entitled to

receive income from this Trust.

      I hereby confirm and republish my Last Will and Testament dated ______

Month, ________ day, 20__ in all respects other than those herein mentioned.

      I sign my name to this ___ (number) Codicil on July ____, 2007, at _____

(City), County of_______, State of        ______________, in   the presence of

_______________________________,    __________________________________,        and

_____________________________ as attesting witnesses, who subscribed their

names hereto at my request and in my presence.


      On the ____ day of ________ , 2007, __________________ (Testator) declared

to us, the undersigned, that the foregoing instrument was the _____ (number)

Codicil to his Last Will, and he/she requested us to act as witnesses to the same

and to his/her signature thereon. He/She thereupon signed said ____ Codicil in

our presence, we being present at the same time. And we now , at his/her

request, and in his/her presence, and in the presence of each other, do

hereunto subscribe our names as witnesses. And we and each of us declare

that we believe the Testator to be of sound mind and memory.

______________________________       OF      ____________________________________

______________________________       OF      ____________________________________

______________________________       OF      ____________________________________
STATE OF _____________

COUNTY OF _______________

       We, _____________________ (name of Testator) _____________________,
________________________, and ________________________, the Testator and the
witness respectively, whose names are signed to the attached or foregoing
instrument, being first duly sworn, do hereby declare to the undersigned officer
that the Testator signed the instrument as his First Codicil to his Last Will and that
he signed voluntarily (or directed another to sign for him and did so voluntarily),
and that each of the witnesses in the presence of the Testator, at his request,
and in the presence of each other signed the First Codicil to his Will as a witness
and that to the best of the knowledge of each witness, the Testator was at that
time 18 or more years of age, of sound mind and under no constraint or undue

      @@@@@@@, Testator




      Sworn to and subscribed before me by_______________, the Testator, and

by _____________________,______________________, and ______________________ as

witnesses on the ______ day of July, 2007, all of whom personally appeared

before me and all of whom are personally known to me or who produced

________________ as identification.

                                              Notary Public, State of _____________
                                              Notary Name:______________________
                                              My Commission Expires:

To top