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Estate planning is one of the most important aspects of securing your family’s future. In India, a Will is the cornerstone of this process — it determines how your property and assets will be distributed after your death. However, situations often change over time: new properties are acquired, relationships evolve, or beneficiaries need to be added or removed. In such cases, rewriting an entire Will isn’t always necessary — instead, a Codicil can be used.
Although both documents are closely related, their legal purpose, scope, and usage are different. This blog explains the meaning, features, and key differences between a Will and a Codicil under Indian law.
1. Understanding the Concept of a Will
A Will (also known as a Testament) is a legal declaration by a person (the testator) specifying how his or her property, assets, and possessions should be distributed after death.
Legal Definition
Under Section 2(h) of the Indian Succession Act, 1925:
“A Will means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death.”
In simple terms, a Will:
- Comes into effect only after the testator’s death.
- Can be revoked or altered any number of times during the testator’s lifetime.
- Must be voluntary — free from coercion, fraud, or undue influence.
- Applies to both movable and immovable property owned by the testator.
Key Characteristics of a Valid Will
For a Will to be legally valid in India, it must satisfy the following conditions:
- Testamentary Capacity: The testator must be of sound mind and above 18 years of age.
- Free Consent: It must be made voluntarily.
- Written Form: Though oral Wills are recognized in very limited cases (e.g., soldiers on active duty), written Wills are strongly recommended.
- Signature and Attestation:
- The Will must be signed by the testator.
- It must be attested by at least two witnesses who saw the testator sign or acknowledge the Will.
- Clarity and Specificity: The distribution of assets should be clearly mentioned to avoid ambiguity.
Registration of a Will
Registration is not mandatory under Indian law but is highly advisable. Under Section 40 of the Registration Act, 1908, a Will can be registered at any Sub-Registrar’s office.
Registered Wills carry greater legal credibility and are harder to dispute in court.
2. Understanding the Concept of a Codicil
A Codicil is a legal document that modifies, explains, or adds to the terms of an existing Will. It acts as an amendment rather than a replacement.
Legal Definition
Under Section 2(b) of the Indian Succession Act, 1925:
“A Codicil means an instrument made in relation to a Will and explaining, altering, or adding to its dispositions and shall be deemed to form part of the Will.”
Purpose of a Codicil
A Codicil is used when:
- The testator wants to change beneficiaries (add/remove names).
- Property mentioned in the original Will has been sold or replaced.
- Specific conditions or bequests need to be modified.
- The testator wishes to appoint a new executor or guardian.
It serves as an addendum or supplement to the original Will — it does not cancel the Will but works in conjunction with it.
Example
Suppose a person executes a Will in 2018 bequeathing a flat to his son and jewelry to his daughter. In 2025, he acquires another property and wants to leave it to his daughter as well. Instead of rewriting the entire Will, he can create a Codicil adding this new property.
3. Key Differences Between Will and Codicil
| Basis | Will | Codicil |
|---|---|---|
| Meaning | A legal declaration of how a person’s assets will be distributed after death. | A document that modifies, adds, or clarifies provisions in an existing Will. |
| Purpose | To establish distribution of property for the first time. | To make changes or amendments to an existing Will. |
| Legal Reference | Section 2(h), Indian Succession Act, 1925 | Section 2(b), Indian Succession Act, 1925 |
| When Used | Initially, when drafting estate distribution. | Later, when testator wishes to alter specific clauses. |
| Effect | Comes into effect after the testator’s death. | Forms part of the original Will and takes effect upon the testator’s death along with the Will. |
| Revocability | Can be revoked or replaced at any time. | Can also be revoked, modified, or replaced by another Codicil or new Will. |
| Registration | Optional but advisable for authenticity. | Optional, but advisable especially if the Will is registered. |
| Format | Comprehensive document detailing entire estate. | Short supplementary document referencing specific clauses. |
| Dependence | Independent — can stand alone. | Dependent — cannot exist without an original Will. |
| Risk of Confusion | Lesser, as it’s a complete declaration. | May cause confusion if multiple codicils exist or are unclear. |
4. Legal Requirements for a Valid Codicil
A Codicil must follow the same formalities as a Will:
- It should be in writing.
- The testator must sign or affix his mark.
- It must be attested by at least two witnesses.
- The testator must be of sound mind at the time of execution.
- The Codicil should clearly reference the original Will to avoid ambiguity.
If a Codicil is not properly executed, it may be declared invalid, rendering the intended changes legally ineffective.
5. How Many Codicils Can a Will Have?
There is no limit to the number of Codicils a person can make during their lifetime. Each Codicil must be executed with the same care and legal formalities as the original Will.
However, it’s generally advisable to avoid excessive codicils, as multiple amendments may lead to contradictions or confusion. If too many changes accumulate, it’s better to draft a fresh Will revoking earlier versions.
6. Revocation of Will and Codicil
Revocation of a Will
A Will can be revoked by:
- Executing a new Will with a revocation clause.
- A written declaration of revocation made with due formalities.
- Physically destroying the Will (burning or tearing) with intent to revoke.
Revocation of a Codicil
Since a Codicil is part of a Will, it can be revoked:
- By making a new Codicil.
- By revoking the entire Will — which automatically revokes all codicils attached to it.
- By express written declaration of revocation.
In the previous post, we had shared information about Difference Between Gift Deed and Settlement Deed, so read that post also.
7. Common Mistakes People Make
(a) Failing to Execute a Codicil Properly
Many people make informal handwritten notes or unregistered letters assuming they act as codicils. Unless executed and witnessed according to law, such documents have no legal validity.
(b) Contradictory Clauses
If a Codicil conflicts with the main Will, courts interpret both together to understand the testator’s intention. But unclear drafting can lead to disputes.
(c) Too Many Amendments
Multiple codicils made over years may cause confusion. It’s best to keep a maximum of one or two codicils and then execute a new Will if more changes are needed.
(d) Not Informing the Executor
If the executor (the person responsible for carrying out the Will) is unaware of the existence of a codicil, it may be overlooked during probate. Always keep both documents together and inform the executor.
8. Probate of Will and Codicil
Probate is the judicial process by which a Will is verified by a competent court (under Sections 213 and 276 of the Indian Succession Act, 1925).
When a Will is probated, all attached Codicils are also proved together. Hence, the Codicil becomes an inseparable part of the Will during probate proceedings.
Probate ensures:
- Authenticity of the Will and Codicil.
- Legal authority of the executor to act.
- Protection against fraudulent claims or disputes among heirs.
9. Digital Wills and Modern Practices (2023–2025 Updates)
With advancements in legal tech, India has seen increasing use of digital Will-drafting and storage services. Platforms now allow:
- Secure e-signing (under the Information Technology Act, 2000).
- Cloud storage with tamper-proof encryption.
- Video attestation for remote witnesses.
- AI-driven alerts to update Wills or codicils periodically.
However, courts still require physical signatures and witness attestation for legal enforceability. Digital Wills are therefore best viewed as drafting tools until formal execution.
10. When Should You Use a Codicil?
Use a Codicil when:
- You want to make minor changes (change in executor, small additions or deletions).
- You’ve purchased or sold a single asset mentioned in the Will.
- You wish to update personal information like addresses or bank details.
Avoid using multiple codicils for major changes — it’s clearer and safer to draft a new Will.
Conclusion
While both a Will and a Codicil are essential estate planning tools, they serve distinct purposes. A Will defines how your property will be distributed after your death, while a Codicil allows you to modify or clarify specific terms without rewriting the entire Will.
A Codicil is a convenient and legally recognized way to keep your Will updated as life circumstances evolve. However, like a Will, it must follow proper legal formalities to remain valid.
To avoid disputes and ensure that your wishes are honored, always consult a legal expert or estate planner when drafting or modifying a Will. Together, a carefully written Will and a properly executed Codicil provide lasting peace of mind — ensuring that your legacy passes smoothly to those you care for most.
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