What is Codicil? How is it executed?
A codicil is a document that amends (changes), rather than replaces, a formerly executed will. Thus, it is an instrument which is made in connection to a will that discloses modifications and additions to its disposition. This document is considered as important as it is regarded to shape some portion of the will.For instance, in situations a will has been made, the testator may still want to make some changes in the already drafted will.
On the other hand, for that he needs to do it through a codicil wherein he may even cancel the entire earlier will and make a fresh will. Also, he may incorporate the desired changes, or, he may modify just the important parts of the will suitably also.
Thus, the scope of codicil is immense; for instance, it is all that much a part of will; on the other hand, it is legitimate just in the event that it is executed and bore witness to in the same way as a Will. From the different judgments from the Supreme Court it’s unmistakable that Codicil is a supplementary record to the will and, cannot stand independently.
Also, any revisions made by a supplement may add or renounce small provisions that may incorporate bury alia evolving agents, completely change the majority, the gifts under the will.
How is Codicil executed?
Like will, each codicil also goes through the scrutiny regarding its execution. For example, it must fit in with the same legitimate prerequisites as the first will e.g. the addendum must have the marks of the testator and, regularly, a few impartial witnesses. Additionally, an addendum ought to be executed and bore witness to like a Will as in all sense it is like a Will and is administered by the same standards as a Will.
Thus, though an Indian will is a static document, it can be changed through codicil over time as the circumstances in your life and your family change. Codicil basically states what items of your will you are changing. Interestingly, codicil should be kept together with Will. In situation you are making substantial changes to your will, codicil could be bad idea as it’s better to go for a new Will.
Also, as you can revoke your codicil there is no issue that you have made a codicil that is not suiting to the current situation and requirement. You just need to follow the process that you follow when writing down your Will. If you revoke your codicil, like will, it is assumed that you never had drafted a codicil at all.
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