CODICIL
Codicil is an appended document in relation to a Will. A codicil means an instrument made in relation to a Will and explaining about it alteration/ addition to its disposition. It is deemed as a part of the Will. The law applicable to Wills is also applicable to Codicil. Likewise Will, codicil is revocable in its nature during the life time of the maker of the Will/ Testator/ Testatrix.
Codicil is also known as amendment of Will. Existing Will & Codicil both have to be kept/ stored together. Codicil is completely a separate document by which the Testator/ Testatrix (maker of the Will) can add/ change/ replace/amend/ delete (as the case may be) the relevant portions of the existing Will & it is deemed to be considered as the extension of Will. Since Codicil is an instrument made in relation to a will, explaining, altering or adding to its dispositions, and shall be deemed to form part of the will.
In the present day world, Will making is not only for the over 60-65 yrs age bracket. Will making is essential for anyone who has an earning, savings, bank accounts and of course dependants. Will making in India should start as early as 35yrs of age. In the present Covid scenario, with increasing uncertainties of life all around, this is no more a choice, it is a necessity. After a will is made, life takes us through a series of events like additions to wealth, changes in relationship status, additions to family, losses in the family, development of new hobbies, interests in philanthropic activities and the like.
Such changes in life events also require changes in the will. Legally there is no need to change the entire will if there are small changes which do not change the will significantly. This can be done through a document called the Codicil. It is highly recommended that a will be revisited at least once every three years.
Codicil is the easiest way for making any subsequent changes to the current Will. If the numbers of changes are many and more complicated then codicil might lead to confusion, ambiguity and vagueness.
We recommend making fresh new Will in lieu of making number of complicated amendments/ codicils. Making new Will is much simpler than making several subsequent changes under codicil. In this case the Testator/ Testatrix should mention the statement regarding the revocation of all previous Will & codicils.
How to make a Valid Codicil?
- Codicil will become legally valid when Testator/ Testatrix puts his/ her signature on the codicil in the presence of at least two witnesses.
- Codicil cannot be kept away from the existing Will as it is the part of the existing Will.
- The language of the codicil & the current existing Will have to be same.
- Codicil has to be registered if the current Will is also registered otherwise the directives/ changes under codicil shall not come into effect.
At DiLSEWiLL, we make the codicil for you even if you have not made the will with us. In case you have made the will with us, we recommend you should revisit the will every three years or with any change in the above mentioned circumstances, whichever is earlier.
Just a few easy steps and your codicil will be made :
- Connect with Us: Please do connect to our Customer Care Executive at 9830648068. You may also mail your queries to [email protected]. Live chat is functional on our website from 10:30 am to 7:00 pm on weekdays.
- Pay Online: Make your payment online.
- Send Details: Post receiving the payment, our team shall connect to get the changes with all the required details.
- Get your Codicil: After receiving all the details, our legal team shall start working on the same. Your codicil shall be prepared and sent to you for approval. Post approval the final copy shall be sent to you.
