codicil

Section 2(b) of the Indian Succession Act, 1925 defines a codicil as an instrument made in relation to a will, explaining, altering or adding to its dispositions, and deemed to form part of the will. An unprivileged codicil must be signed by the testator and attested by two witnesses, exactly like a will (s.63).

A codicil can revoke a will in whole or part (s.70), and a revoked will can be revived only by re-execution or by a codicil showing an intention to revive it. Because the codicil and will are read together as one testament, probate is granted of both. These rules apply to wills of Hindus; Muslim wills follow personal law.

Example

A year after making his will, the testator executed a codicil, attested by two witnesses, that substituted his nephew as executor.

In Indian law

• Sections 2(b), 63 and 70, Indian Succession Act, 1925

See also

will · testator · probate · attestation

Read more in the study notes

• Power of attorney and will (Drafting, Pleading and Conveyance)
• Wills under the Indian Succession Act (Family Law II - Mohammedan Law)
• Assignment, licences and compulsory licensing (Law of Copyrights)