Tuesday, April 21, 2009

Codicil ; what is codicil under succession act ?

"Codicil" is an instrument made in relation to a will and explaining, altering or adding to its dispositions and shall be deemed to form a part of the will. Accordingly, a codicil has to be executed and attested just as a will.
(According to the section 64, Indian Succession Act)

In the event if the will has been properly made in Law, The testator may want to make some changes in the will, He can cancel earlier will or make a fresh will incorporating the desired changes or he may alter some parts of the existing wills suitably by way of CODICIL. Such a codicil will form part and parcel of the existing will. A Codicil to be valid must be executed and attested in the same manner as a will. It is supplementary document to the will and cannot be independent by itself.

following are the characteristics of CODICIL
  • It is an instrument made in relation to a will
  • It explains, alters or adds to the dispositions of a will
  • It shall be deemed to form part of the will
  • The testator may want to change the name of the executor by adding some other names via codicil
  • The testor may want to change certain bequests by adding to the names of the legatees or subtracting some of the names, perhaps due to the death of the beneficiaries or the Executor. This can be done by making a codicil.
  • The Codicil must be reduced to writing.
  • It must be signed by the testator and attested by two witnesses.

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