In the light of judicial pronouncements, discuss the following: A will and codicil are one and the same.

CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2016
In the light of judicial pronouncements, discuss the following: A will and codicil are one and the same.

Answer & Explanation:

A will and codicil are not one and the same. 'Will' means the legal declaration of the intention of a testator with respect to his property, which he desires to be carried into effect after his death [Section 2(h) of Indian Succession Act, 1925]. A Will is, therefore, the legal declaration of a man's intention which he wills to be performed after his death or an instrument by which a person makes a disposition of his property to take effect after his death. 'Will' as per General Clause Act, 1897 shall include a Codicil and every writing making a voluntary posthumous disposition of property. Codicil is a supplement or addition to a will that explains, modifies, or revokes a previous will provision or that adds an additional provision. A codicil must be signed and witnessed with the same formalities as those used in the will's preparation. An addition or supplement to a will; it must be executed with the same solemnities. A codicil is a part of the will, the two instruments making but one will. There may be several codicils to one will and the whole will be taken as one: the codicil does not consequently revoke the will further than it is in opposition to some of its particular dispositions, unless there are express words of revocation. 'Codicil' means an instrument made in relation to Will and explaining, altering or adding to its dispositions and is deemed to form part of the Will - Section 2(d) of Indian Succession Act, 1925.

Topics: Indian Succession Act

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