What is a codicil and when should I use one?

What the Law Says

Under Indian law, a codicil is treated as part of the will and must satisfy the same legal requirements for validity.

A codicil is a supplementary document used to modify, explain, add to, or revoke parts of an existing will. It does not replace the will but operates alongside it.

In India, the Indian Succession Act, 1925 governs wills and codicils. Section 63 sets out the formal requirements for both wills and codicils — they must be signed by the testator (or by someone in their presence and by their direction) and attested by at least two witnesses who saw the testator sign or acknowledge the signature.

Importantly, a codicil has no independent legal effect — it only gains validity when read with the original will. If the will is revoked or invalid, the codicil automatically fails.

Statutory Text

A codicil is an instrument made in relation to a will and explaining, altering or adding to its dispositions and is deemed to form part of the will.

— Indian Succession Act, 1925, s. 63 — Explanation to clause (c)

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