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Codicil Adds New Assets, Updates Executor in Testamentary Document
Testator integrates newly acquired properties and financial holdings into existing Will through codicil.
Executor appointment revised; distribution clauses updated to reflect expanded estate planning.
By Vishwas Kumar
New Delhi: April 02, 2026:
In a decisive move to ensure clarity in succession planning, a codicil has been drafted to the Last Will and Testament of the testator, incorporating newly acquired assets and revising executor appointments. This codicil, executed with due legal formalities, supplements the original Will without revoking it, thereby preserving continuity while reflecting updated circumstances.
key rulings on execution of wills
The codicil begins by reaffirming the validity of the Principal Will and clarifies that all provisions remain operative except where expressly modified. Among the key changes is the revocation of a prior clause and substitution with a new provision, whereby specific assets — such as a residential apartment, equity shares, fixed deposits, and a motor vehicle — are bequeathed to designated beneficiaries. This ensures that recently acquired properties are seamlessly integrated into the estate plan.
Additionally, the codicil revokes the appointment of the earlier executor and substitutes a new executor, granting them full authority under the Indian Succession Act, 1925, to apply for probate, administer the estate, and execute both the Will and codicil without furnishing security. This change reflects the testator’s intent to entrust estate administration to a more suitable representative.
The codicil also emphasizes voluntariness, declaring that it was executed without coercion or undue influence, and while the testator was in full possession of sound mind and understanding. Attesting witnesses have signed in the presence of the testator, ensuring compliance with statutory requirements.
By adding assets, updating distribution clauses, and revising executor appointments, this codicil demonstrates the flexibility of succession law. It allows testators to adapt their estate planning to evolving circumstances while maintaining the sanctity of their original testamentary intent.
For full details of Codicil Drafts, check out the draft below, as provided in Will Writing Simplified by Dr. Ravinder Kumar Anand. [📘 Buy Will Writing Simplified online: Amazon 🔹 Flipkart]
Draft of Codicil to the Last Will and Testament whereby the Testator has substituted certain beneficiaries and revised the appointment of the Executor, while confirming all other provisions of the Original Will.
THIS CODICIL TO THE LAST WILL AND TESTAMENT is made and executed at [City, State, Country] on this ___ day of ____, 20, by me, Mr./Mrs./Ms. _____________, aged about ___ years, (holder of Aadhaar No._/PAN No.__/Passport No. ________, issued on _______ at _______), son/daughter/wife of _________, residing at ________________________________________, hereinafter referred to as the “Testator”, which expression shall, unless repugnant to the context, include my legal heirs, executors, administrators, successors and assigns.
WHEREAS:
(i). I had previously executed my Last Will and Testament dated the ______ day of ______, 20 (hereinafter referred to as the “Principal Will”), declaring the disposition of all my movable and immovable properties.
(ii). That the said Principal Will was duly registered before the Registrar of Assurances at (mention complete address) vide Registration Document No.______ dated ______.
OR
That the said Will was duly notarised before the Notary Public, Shri/Smt. ______, having office at (mention complete address), holding Notarial Licence No.____, on_____, and recorded in the Notarial Register vide Entry No.______ dated ___.
(This clause shall be incorporated only if the Will was registered or notarised.)
(iii). The said Principal Will was made voluntarily and while I was of sound mind and body, and continues to reflect my testamentary intentions except to the extent amended by this Codicil.
(iv). I now consider it necessary to make certain modifications, clarifications or additions to the provisions of my said Principal Will by executing this Codicil, which shall be supplemental thereto.
NOW THEREFORE, I DO HEREBY MAKE, PUBLISH AND DECLARE this as the Codicil to my said Principal Will as under:
1. Save and except as specifically amended, modified, altered, added to or deleted by this Codicil, I ratify, confirm and adopt all bequests, declarations, appointments, dispositions and all other testamentary intentions expressed in my Principal Will.
2. Clause No.___ of my Principal Will is hereby deleted and replaced with the following:
“I hereby bequeath my [insert property, e.g., ‘Residential House bearing No., situated at _’] absolutely to Mr./Mrs. ____________, [relationship if any], residing at _______________, (holder of Aadhaar No./PAN No.____/Passport No. ________), for his/her absolute use and benefit, to the exclusion of all other legal heirs.”
OR (in case of newly acquired property):
“In addition to the properties already bequeathed under my Principal Will, I bequeath my newly acquired immovable property described as [complete description], acquired after execution of the Principal Will, in favour of Mr./Mrs. ____________________, on the same terms and for the reasons stated in my Principal Will.”
3. Following Clause No.___, the following new clause shall be inserted:
“Clause ___A: I have subsequently acquired certain movable and immovable assets, details whereof are listed in Annexure ‘B’ appended hereto. I declare that such assets shall form part of my testamentary estate and shall devolve upon the beneficiaries and in the proportions specified in my Principal Will, unless specifically altered herein or in any subsequent Codicil.”
4. Clause No.___ of my Principal Will relating to the appointment of an Executor/Executrix is substituted with the following:
“I appoint Mr./Mrs. _____, aged ___ years, residing at _________, (holder of Aadhaar No./PAN No./Passport No. _______), as the Sole Executor/Executrix of my Will and this Codicil, vested with full authority to administer and distribute my estate according to law. In the event he/she is unable or unwilling to act, I appoint Mr./Mrs. _________ as the alternate Executor/Executrix.”
5. Clause No.___ of my Principal Will is hereby expressly revoked and shall have no force or effect.
6. I reiterate and confirm that none of my children named in the Principal Will cared for me during my lifetime, and therefore I reaffirm my intention to disinherit them from any share in my estate, whether mentioned in the Principal Will, this Codicil or any subsequently acquired property.
7. Annexure-B attached herewith and signed by me and the attesting witnesses forms an integral part of this Codicil and lists the additional properties, assets and documents referred to herein, including bank accounts, securities or real estate acquired after execution of the Principal Will.
8. I further declare:
(i). This Codicil shall be read together with the Principal Will as one testamentary instrument.
(ii). In case of any inconsistency between the Principal Will and this Codicil, the provisions of this Codicil shall prevail.
(iii). This Codicil is made voluntarily, in sound mind, without any coercion, fraud, misrepresentation or undue influence.
IN WITNESS WHEREOF, I, the above-named Testator, have set and subscribed my hand to this Codicil at ________________, on this ___ day of _________, 20, in the presence of the undersigned witnesses who were present simultaneously and who attest this Codicil after the same was read over and explained to me in their presence and in the presence of each other.
|
Affix Photograph of Testator |
[Signature / Thumb Impression of the Testator]
(Name: _________________________)
Address: ________________________
Aadhaar No. ___________
PAN No. ___________
Passport No: __________ (Issued on _______ at ______)
WITNESSES
1. Name: _________________________
S/W/D/o __________________________
Aadhaar No___________
PAN No. ___________
Passport No: __________ (Issued on _______ at ______)
Address: ___________________________
Signature: _______________________
2. Name: _________________________
S/W/D/o __________________________
Aadhaar No___________
PAN No. ___________
Passport No: __________ (Issued on _______ at ______)
Address: ___________________________
Signature: _______________________
═════ ❖ ═════
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