What Is A Codicil?

One of the major

advantages of creating a Will is that it comes into effect only after the death of the testator. Until that event, the testator can revoke or alter a Will any number of times. A document by which a Will is altered is known as codicil.

Codicil Definition

Section 2(b) of the Indian Succession Act defines a codicil as:

'Codicil' means an instrument made in relation to a Will, and explaining, altering or adding to its disposition, and shall be deemed to form part of the Will".

How to execute a codicil?

A codicil must be executed similar to Will, being written and attested by two witnesses. Further, as a codicil is a part of the Will, reference must be made to the Will in interpreting the provisions of the Will and vice-versa. Like a Will, a codicil can be altered, added to and further explained by another codicil by proper execution and attestation by witnesses.

Codicil Recommendation

In most cases, it is easier to create a new Will rather than add a codicil to an existing Will. Creating a new Will by adding clauses like “I revoke all former testamentary dispositions” is more advisable than creating a codicil, which could result in confusion.
In case a codicil is created as an addendum to an existing Will, it should be stored along with the Will with proper attestation. It is recommended that any codicil be reviewed by a professional to avoid any discrepancies or conflicts with the Will.

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Frequently Asked Questions

Common questions about Codicil in Indian Succession: Definition and Execution.

A codicil is an instrument or document used to modify, explain, or add to the provisions of an existing Will. It is considered a part of the Will and must be executed with the same formalities as a Will, including being in writing and attested by two witnesses.

Creating a new Will is generally recommended over adding a codicil to an existing Will. However, a codicil may be a suitable option if the changes required are minor or if creating a new Will is not feasible or convenient at the time.

A codicil must be executed with the same formalities as a Will. It must be in writing, and the testator (the person making the Will) must sign or affix their mark in the presence of two witnesses who must also attest and sign the codicil in the testator's presence.

No, a codicil cannot revoke an entire Will. It can only modify, explain, or add to the existing provisions of the Will. If the testator wishes to revoke the entire Will, they must create a new Will with a revocation clause, revoking all previous testamentary dispositions.

Yes, a codicil can be further modified or altered by creating another codicil, following the same execution formalities as the original codicil and Will.

After a codicil is executed, it should be stored along with the original Will, with proper attestation and reference to ensure that the codicil and Will are interpreted together as a single instrument.

It is recommended to have a professional, such as a lawyer or legal expert, review a codicil to ensure that it is properly executed and that there are no discrepancies or conflicts between the codicil and the original Will, which could lead to confusion or legal issues.

Yes, a codicil can be used to change the executor of a Will by adding or modifying the provisions related to the appointment of the executor.

Yes, a properly executed codicil is legally binding and considered a part of the Will. It carries the same legal weight as the original Will and must be followed in accordance with the testator's wishes.

Yes, a codicil can be used to modify the beneficiaries named in the original Will by adding, removing, or altering the provisions related to the distribution of the testator's assets.