A legal document that is used to amend or alter a part or element of a will without creating a new will is called a codicil. However, it is only applicable when the changes that are made In a will are minor. A code is governed by the same rules as that of well as they are similar.
Without the testator, no one else can make changes to the existing will, which means that the creator of the last will or the testator of the last well is only capable of altering the content of his or her last testament.
A codicil is used to make alterations, additions, clarifications, or revocation to the existing will; like adding the beneficiary to the well, removing a property that was sold, changing the executor, If there is a separation or divorce, there are a change of funeral or burial arrangements, If there is property or money inherited from another, if there is marriage or authorized civil partnership, removing a person who is predeceased, or adding a newly acquired property. If there are any brief and simple updates then implementing a codicil provides clarification to the meaning of the creator’s testament.
To execute a codicil, it must undergo the process of verification. A codicil will also have the same legal requirements as that of a will and the signature of the testator and impartial witness will be required. A codicil will have the same standards as that of the will and it will need to be administered.
One can revoke codicil by the same procedure as that of drafting it. It can be Revoked when the testator believes that the changes that have been made are no longer fitting with reality and it is better 2 not make any changes in the previous document or if there are major changes needed then a new will should be executed. If the testator wishes to revoke the codicil then the Revoked will assume the status of never being made or written.
If the testator has drafted multiple codes sells it is better to consolidate all the changes and make a new will, because if the court finds it confusing, the judge made declare it invalid or may only uphold some of your codicil and not the rest.
If there are only a few minor changes that are then it is better to draft a codicil then right and completely new will as it is cheaper and the testator will not have to register a new codicil, besides there is no limit to how many codicils the testator can add to their existing will.
The terms like the amendment, beneficiary, jurisdiction, probate, probate court, and testator are often used in a codicil. A beneficiary is an individual whose name appears as an intended recipient of the assets, an amendment is an official change that is being made, a probate an official copy of the well and it is certified through the seal of a competent court. If the will is executed by a Hindu, Christian, or Parsi then probate becomes mandatory. It is conclusive evidence of the testamentary capacity of a person or the testator, it also shows the genuineness of the well and be executed, decides it declares that the testator was of sound mind. Indian succession act, 1925 provides that probate can be granted only to an executor who is appointed through well and it cannot be granted to a minor or a person of unsound mind, or do any Association of individuals. However, there is an exception that unless it is a company that satisfies the condition stipulated by the government. Before the expiration of 7 days from the death of the testator, probate cannot be granted. And a letter of administration has to be granted after the expiration of 14 days from the date of the death of the testator.
This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.
