Codicil
A document that adds to, changes or explains a will that has already been made. It must be signed and attested in the same way as a will.
A codicil is a short supplement to an existing will. It is used for small changes, such as adding a new gift, replacing an executor, or correcting a property description, without rewriting the whole will.
The law behind it
Section 2(b) of the Indian Succession Act, 1925 defines a codicil as an instrument made in relation to a will that explains, alters or adds to it, and is deemed to form part of the will. It must be executed with the same formalities as a will under Section 63: signed by the testator and attested by two witnesses. A will or codicil can be revoked by a later will or codicil, or by burning, tearing or otherwise destroying it with the intention of revoking it (Section 70).
Codicil or a new will
- A codicil suits one or two simple changes.
- Several codicils on one will can create confusion about what the final wishes are; a fresh will is clearer.
- A new will should say that it revokes all earlier wills and codicils.
Common mistake
Never make changes by hand on a signed will. Such changes are not valid unless they are themselves signed and attested, and they invite disputes.
Draft a codicil to will or a will revocation deed.
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