Overview

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.

A change can be in the form of addition, deletion or substitution of some clause or name or property or date etc, with a new one, or any other type of change that you wish to do in your Will. For this you cannot make these changes directly in the Will document, and if any alterations are seen in the Will document, it becomes void.

So how to make alterations to your Will?

Simple! You have to draft all the alterations, clearly mentioning each clause and the change done, in a separate document. This document is termed as Codicil in law. A Codicil can be made only to an existing Will, not to any future Wills. The Codicil is to be read as part of the Will and is considered as an extension of the Will.

What Should Be Included In A Codicil?

Now before you proceed to make your Codicil you have to understand what are the important details that are to be included in the document. You should mention the following details:

    The name of the Testator, the person who made the Will, his address, age and father’s name just as mentioned in the original Will.
    The date and place of making the Codicil.
    The clauses in the Will with the correct sub-clauses, sub-headings etc which the Testator wishes to amend or change. The Clauses to be changed should be exactly numbered as in the Will without giving space to any ambiguity.
    The new additions or deletions or substitutions that are to be incorporated into the Will.
    The exact places in the Will where the new changes are to be inserted.
    Signature of the Testator in the same manner as in the Will.
    Two witness signatures after the Testator’s signature is placed.
    A codicil need not necessarily be in a Stamp Paper, it can be written in a plain paper also
    The Codicil so made should be kept along with the Will.

Requirements To Make It Legally Valid

A Codicil becomes legally valid once it is drafted and signed by the Testator.
But always check for these details in the codicil:

    Testator in the Will and the Codicil should be the same. The signatures should match.
    Date of codicil should always be a date after the date of Will, and not a date prior to the Will.
    A Codicil should have the Section and Clause of the Will in the same format.
    Two witnesses should sign the Codicil.

Name : M S Shah

Law Firm Name : Advocate M. S. Shah

Country : India

City : Mumbai

State : MAHARASHTRA

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