Codicil
Also written Codicils · Supplement to a Will
A supplementary document that explains, alters or adds to a Will and is read as part of it — executed and attested exactly like the Will itself.
In plain language
A Will is not carved in stone, but it is also not a document you can amend with a pen. Strike a clause out, initial the margin, staple a note to it, and you have created an argument for the family to have in court.
A codicil is the lawful way to make a small change. The workbook quotes the statutory definition: under section 2(b) of the Indian Succession Act, a codicil means any instrument made in relation to a Will and explaining, altering or adding to its disposition, and it shall be deemed to form part of the Will.
So the testator does not rewrite the Will. He writes a short second document that the law then reads as though it had always been inside the first.
How it works
Same formalities as the Will. The workbook is unambiguous: the codicil has to be executed and attested just as the Will — signed by the testator, attested by witnesses. A codicil executed casually is worth nothing.
Not an independent document. A codicil has no life of its own. It only operates in relation to the Will it amends. Revoke the Will and the codicil goes with it.
Where it is physically written. Either endorsed on the original Will, or written as a separate document. Both are valid.
When a codicil is the wrong tool. The workbook draws the line by size of change: a codicil is for minor alterations. Where the alterations are considerable, a fresh Will revoking the earlier Wills should be written instead. Layering several codicils onto an old Will produces exactly the ambiguity the estate plan was meant to prevent.
What it is typically used for. The workbook's own sample codicil (Exhibit 15.2) substitutes a trustee: the testator revokes the appointment of an executor and trustee who has since died, appoints a replacement, moves the legacy that was attached to the office from the old appointee to the new, and closes with the standard confirmation — in all other respects, I hereby confirm my said Will. That last line is what keeps the rest of the Will alive.
Revocation. Section 57 of the Act is quoted to the effect that marriage shall not revoke any Will or codicil, and a Will or codicil may be revoked through a later Will or codicil duly executed.
A worked example
Mr Sharma executes a Will in 2019 leaving his Pune flat to his daughter, his portfolio to his son, and Rs 5,00,000 to his friend Mr Desai if Mr Desai acts as executor and trustee.
In 2024 Mr Desai dies. The Will is otherwise exactly what Mr Sharma wants.
The wrong fix. He strikes out "Desai", writes "Kulkarni" above it, and initials the change. On his death the family has a Will with a visible alteration and no attested authority for it. The flat, the portfolio and the Rs 5,00,000 are all now arguable.
The right fix. He executes a first codicil, signed and attested by two witnesses, which:
- revokes the appointment of Mr Desai as executor and trustee;
- appoints Mr Kulkarni in his place;
- bequeaths Rs 5,00,000 to Mr Kulkarni if he acts, and revokes the Rs 5,00,000 legacy given to Mr Desai;
- declares that the Will and all its provisions take effect as if Mr Kulkarni's name had been substituted throughout; and
- confirms the Will in all other respects.
Cost: one page and two witnesses. The 2019 Will continues to govern the flat and the portfolio untouched.
Where a codicil would be wrong. Suppose instead Mr Sharma remarries, has a second child, sells the Pune flat and buys two in Bengaluru. That is not a minor alteration; the workbook's rule points to a fresh Will revoking the earlier ones. And note the trap in the same section: his marriage does not revoke the 2019 Will — if he does nothing, the old Will stands.
Why NISM asks about it
Chapter 15 (Tools for Estate Planning), section 15.2.6, sitting between revocation of a Will (15.2.5) and the succession certificate (15.2.7), with Exhibit 15.2 as the sample. Expect a definition question quoting section 2(b), a "minor alteration versus fresh Will" judgement question, and a factual one on whether a codicil needs the same attestation as a Will — it does.
Common exam traps
- A codicil needs the same execution and attestation as the Will. It is not an informal note.
- It forms part of the Will, so it cannot survive the Will's revocation and cannot be read on its own.
- Minor alterations only. Considerable changes call for a fresh Will revoking the earlier ones — an examinable judgement, not a technicality.
- Marriage does not revoke a Will or a codicil under section 57. Candidates routinely assume it does.
- A codicil is not a Will, so it cannot by itself dispose of an estate; and it is not a nomination, which decides only who receives an asset.
- Endorsed on the Will or written separately — both are valid, so "must be a separate document" is wrong.
- Multiple stacked codicils are a practical warning sign, not a best practice.
Check yourself
1.What is a codicil, and what formalities does it require?
- a)A trust deed made under a Will, requiring registration
- b)An instrument explaining, altering or adding to a Will, which must be executed and attested just as the Will
- c)A court certificate confirming the Will is genuine
- d)A declaration revoking a Will, which needs no witnesses
Show the answer
Answer: (b) An instrument explaining, altering or adding to a Will, which must be executed and attested just as the Will
Section 2(b) defines a codicil as any instrument made in relation to a Will and EXPLAINING, ALTERING OR ADDING TO ITS DISPOSITION, and shall be formed to be part of the Will. It is used for minor alterations, has to be executed and attested JUST AS THE WILL, and is not an independent document. Where alterations are considerable, a fresh Will revoking the earlier Wills should be written.
2.In which towns is probate mandatory?
- a)Delhi, Bengaluru and Hyderabad
- b)Kolkata, and the municipal limits of Chennai and Mumbai
- c)All state capitals
- d)Probate is mandatory everywhere in India
Show the answer
Answer: (b) Kolkata, and the municipal limits of Chennai and Mumbai
Probate is mandatory if the Will or codicil has been made in any of the three presidency towns, i.e. KOLKATA, AND THE MUNICIPAL LIMITS OF METRO CITIES OF CHENNAI AND MUMBAI, OR IF THE IMMOVABLE PROPERTY IS SITUATED IN ANY OF THESE TOWNS. BEYOND THESE, PROBATE IS OPTIONAL. Note the two independent triggers — where the Will is made, or where the immovable property lies.
3.A testator loses his Will and cannot find it. Is the Will revoked?
- a)Yes, loss of a Will amounts to revocation
- b)No — mere loss does not lead to revocation, though destruction by the testator with intention does
- c)Yes, unless a registered copy exists
- d)Only if the testator fails to make a new Will within six months
Show the answer
Answer: (b) No — mere loss does not lead to revocation, though destruction by the testator with intention does
The workbook states that THE MERE LOSS OF THE WILL DOES NOT LEAD TO REVOCATION, BUT WHERE THE WILL IS DESTROYED BY THE TESTATOR OR WITH HIS PRIVITY OR APPROBATION, THE WILL IS DEEMED TO HAVE BEEN REVOKED. The four modes of revocation are a later Will or codicil, a written declaration executed as a Will, burning, tearing or otherwise destroying the Will WITH THE INTENTION OF REVOKING, and a subsequent marriage.
Where this is taught
Free preparation for NISM Series X-BRelated terms
- Estate planningDeciding during your lifetime who is to receive which of your assets after your death, and documenting it — mainly through a Will and nominations — so heirs can claim them easily and cheaply.
- Succession certificateA certificate issued by a District Court under the Indian Succession Act, 1925 authorising the legal heirs of someone who died without a Will to collect the deceased's debts and securities.