CODICIL
By P.Hema
A codicil is an instrument made in relation to a Will, explaining, altering or adding to its
dispositions and is deemed to be a part of the Will. A codicil has to be executed and attested like
a Will. A codicil is similar to a Will and is governed by the same rules as a Will.
The Indian Succession Act 1925 defines Codicil as an instrument made in relation to a will, and
explaining, altering or adding to its dispositions, and shall be deemed to form part of the will.
A codicil is an addendum of any kind to a will. Codicils means to alter, change, add or subtract
from the provisions in the will. They can be used to keep a will and testament current and up to
date.
Codicils must be created by the original creator of the will. They are separate documents in and
of themselves and can lead to either minor or major changes in the will. All codicils must meet
the same legal administrative requirements as the original will and testament, and they must each
affirm that the original will is valid except for the changes outlined inside.
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.
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