Meaning and Legal Concept
A Codicil is a legal document made by a testator to explain, alter, add to, or revoke certain provisions of an already executed will, without rewriting the entire will. It is recognized under Section 2(b) of the Indian Succession Act, 1925, which defines a codicil as an instrument made in relation to a will and explaining, altering, or adding to its dispositions. A codicil forms an integral part of the will and must be read together with it. The purpose of a codicil is to provide flexibility to the testator to make minor changes such as appointing a new executor, altering a legacy, or correcting errors. Like a will, a codicil becomes effective only after the death of the testator and reflects the latest testamentary intention.
Legal Requirements and Execution
The execution of a codicil must comply with the same legal formalities as a will under Section 63 of the Indian Succession Act, 1925. The codicil must be in writing, signed by the testator, and attested by at least two witnesses who have seen the testator sign or have received acknowledgment of his signature. The testator must be of sound mind and free from coercion, fraud, or undue influence at the time of execution. Registration of a codicil is not mandatory, but if the original will is registered, it is advisable to register the codicil as well. Failure to follow these formalities renders the codicil invalid. Therefore, strict compliance ensures the codicil’s enforceability.
Legal Nature and Scope
A codicil does not revoke the entire will unless it expressly or impliedly indicates such an intention. Instead, it modifies only the portions specified in it. If there is any inconsistency between the will and the codicil, the codicil prevails to the extent of inconsistency, as it represents the later intention of the testator. Multiple codicils can be executed by the same testator, and all valid codicils are read together with the will. Courts treat a codicil as part of the will for purposes of probate and interpretation. However, excessive or conflicting codicils may create ambiguity, which is why drafting clarity is essential. Thus, the codicil serves as a convenient legal tool for minor testamentary changes.
Real-Time Example
A practical example of a codicil can be seen when a person has already executed a will leaving his property equally to his two children. Later, he decides to appoint one of them as the sole executor without changing other provisions. Instead of drafting a new will, he executes a codicil stating the appointment of the executor. Upon his death, the will and codicil are read together, and the executor named in the codicil is given effect. This example demonstrates how a codicil allows modifications to a will while preserving the original document.
Mnemonic to Remember Codicil
A simple mnemonic to remember the concept of a codicil is “A-M-W”.
A – Add or alter provisions
M – Must follow will formalities
W – Works with the will
This mnemonic helps students recall that a codicil is not an independent document but one that modifies and operates alongside a will.
About Lawgnan
To understand more succession law concepts like Codicil in a simple and exam-focused manner, visit lawgnan.in. The platform offers well-structured legal notes, statutory references, mnemonics, and practical examples designed for law students and aspirants. Follow the link to strengthen your conceptual clarity and confidently prepare for law examinations with reliable legal content.
