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Understanding Codicil to a Will

  1. What is a Codicil?
    • A Codicil is an addendum to the Will, which is executed to incorporate changes to the Will.

Also Read: Wills in India – Understanding Types, Laws, and Benefits

  1. Requirement of a valid Codicil and execution requirements?
    • The requirements of a Codicil are same as that of a Will, i.e.
      • A Codicil must be made in writing.
      • The testator/testatrix must sign the Codicil or affix his/her mark (thumb impression etc.) to the Codicil.
      • The testator/testatrix should sign or affix his/her mark but the attesting witnesses are required to sign the Codicil.
      • A Codicil must be attested by two or more witnesses and each of them must have seen the testator/testatrix sign.
      • No stamp duty is payable on Codicil.
  1. If the Will of the Testator/Testatrix is registered, does the Codicil also have to be registered?
    • Yes, if the testator/testatrix has registered the Will in the office of the Sub-Registrar, he/she shall also register the Codicil in the office of such Sub-Registrar.

Disclaimer: This article provides general information existing at the time of preparation and we take no responsibility to update it with the subsequent changes in the law. The article is intended as a news update and Affluence Advisory neither assumes nor accepts any responsibility for any loss arising to any person acting or refraining from acting as a result of any material contained in this article. It is recommended that professional advice be taken based on specific facts and circumstances. This article does not substitute the need to refer to the original pronouncement.

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