Chapter VI of the Indian Succession Act, deals with wills and codicils, which are generally methods of testamentary succession. This chapter does not apply to Hindus and Muslims since they have their own procedures for succession and is therefore applicable to other religions, wherein proper procedures for succession are not provided.

A will is described under section 2(h) of the Indian Succession Act. It states-

‘a will is a legal declaration of the intention of the testator with respect to his property which he desires to be carried into effect after his death.’ The term has been derived from the word ‘willingness’ which basically implies a person’s desire or intuition towards something. 

Section 59 states that any person who possesses a sound mind and is a major according to The Indian Majority Act, shall be considered qualified to make a will for the testamentary succession of his property. In such a case, physical disabilities are not taken into consideration for determining such qualification, until and unless such a disability hampers the decision making capabilities of the testator. 

There are two types of wills, provided for under the Indian Succession Act: Privileged and Unprivileged wills.

Section 65 talks about privileged wills wherein, wills which are formulated by soldiers employed in an expedition or engaged in an actual warfare; an airman employed or engaged or any mariner being at sea. 

Section 63 talks about unprivileged wills, which are formulate by any individual apart from the ones mentioned under section 65 or classified for privileged wills. 

Codicils, on the other hand have been provided under section 2 of the Indian Succession Act, which states that a codicil is an instrument made in relation to a will and explaining, altering or adding to its disposition and shall be deemed to from a part of the will.

In simple terms, a codicil can be considered as an instrument which is formulated to make amendments in the will, and once the amendment has been made, they become a part of that will.

Thus a codicil is not an independent instrument enforceable in the court of law, it can be recognised only when it forms a part of some will and brings changes to such will. Such codicils can also be amended by sub-codicils, which would also be required to be a part of the original will. 

They are to be executed in the same will, and cannot be executed in independent terms.