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Bold Codicil Revokes Executor, Alters Property Distribution in Testamentary Document
Testator issues codicil to Last Will, replacing executor and modifying bequests while retaining original Will.
Legal clarity reinforced: codicil integrates seamlessly with Will, ensuring updated distribution without revocation.
By Vishwas Kumar
New Delhi: April 02, 2026:
In a significant testamentary development, a codicil has been drafted to the Last Will and Testament of the testator, introducing crucial changes without revoking the original Will. The codicil, executed with due formalities, reflects the testator’s intent to refine estate planning while maintaining continuity of the original document.
case laws on testamentary disputes
The draft codicil begins by affirming the validity of the original Will and clarifies that all provisions remain operative except where expressly altered. Among the most notable changes is the revocation of the previously appointed executor. The testator has substituted a new executor, granting them full authority to administer the estate, apply for probate, and discharge fiduciary duties without surety. This ensures smooth administration and reflects the testator’s confidence in the new appointee.
Further, the codicil introduces modifications to distribution clauses. A newly acquired immovable property has been bequeathed to a grandchild, with directions for mutation and transfer to be carried out by the executor. At the same time, certain earlier bequests have been annulled, with the affected property now forming part of the residuary estate.
The codicil also provides definitional clarity, specifying that “grandchildren” shall mean only biological or legally descended heirs through sons, unless otherwise named. Importantly, the testator has declared that the codicil is executed voluntarily, without coercion, and while in full possession of mental faculties.
Executed in the presence of attesting witnesses, the codicil underscores the principle that testamentary freedom allows individuals to adapt their estate planning to changing circumstances. By integrating seamlessly with the original Will, this codicil ensures that the testator’s wishes are respected while avoiding unnecessary revocation.
Such codicils highlight the flexibility of succession law, enabling testators to refine their dispositions while preserving the sanctity of their original testamentary intent.
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Draft of Codicil to the Last Will and Testament whereby the Testator has revoked the previously appointed Executor and substituted a new Executor, along with modifications to the distribution clauses, without revoking the Original Will.
THIS CODICIL TO THE LAST WILL AND TESTAMENT is made and executed this ___ day of _____, 20, at ___, by me, [Mr./Mrs.] __________________________, aged approximately ___ 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, successors, executors, administrators and assigns).
WHEREAS I had previously executed my Last Will and Testament (hereinafter referred to as “the Will”) dated the ___ day of ___________, at _______________, which was duly signed by me in the presence of attesting witnesses and continues to remain valid and operative save to the extent altered by this Codicil; and
WHEREAS I now consider it necessary to make certain additions, substitutions, clarifications or alterations to my said Will;
NOW, THEREFORE, I DO HEREBY DECLARE, PUBLISH AND MAKE THIS MY CODICIL to my said Last Will and Testament dated ________, to be read and construed as an integral part thereof, as follows:
1. I declare that I am the same person who executed the Original Will dated ___/____/20___ at _________________________, which was duly signed by me and attested by witnesses in accordance with applicable law.
2. That the said Will was registered before the Registrar of Assurances at (mention complete address) vide Registration Document No. _______ dated _________.
OR
That the said Will was notarised before Notary Public Shri/Smt. __________, having office at (mention complete address), holding Notarial Licence No._________, on ________, and duly entered in the Notarial Register vide Entry No.________ dated ___________.
(This clause shall be incorporated only if the Will was registered or notarised.)
3. Except as specifically altered, amended, substituted, revoked or supplemented herein, I ratify and confirm all the terms, declarations, bequests, appointments and dispositive provisions contained in my said Will.
4. I hereby bequeath, assign and transfer absolutely my newly acquired immovable property as follows:
(i). [Flat/Plot/House/Survey No. ______, admeasuring ____ sq. ft./sq. mtrs., situated at _______, together with all easements and appurtenances], to my grandchild __________, S/D of __________, residing at ____________, to be held absolutely and exclusively, free from all encumbrances, claims or demands whatsoever.
(ii). I direct that the mutation, transfer and vesting of title in the said property shall be carried out in the name of the above beneficiary by the Executor named in the Will or any lawful heir, and all incidental expenses shall be borne out of my estate.
5. I hereby revoke, cancel and annul the bequest made under Clause ___ of my Original Will whereby I had bequeathed:
(i). “___________ (Description of property) to ___________,”
(ii). which bequest shall stand null and void, and the said property shall now form part of the residuary estate to be distributed in accordance with Clause ___ of the Will as amended by this Codicil.
6. If the original Executor named in my Will, ___________, is now unwilling or unable to act due to death, incapacity or refusal, I hereby revoke such appointment and instead nominate and appoint ______, S/D/W of ______, residing at ___________, (holder of Aadhaar No._____/PAN No.____/Passport No. _______), as the Executor of my Will and this Codicil, with full authority to administer my estate, apply for probate and discharge all fiduciary duties without the requirement of furnishing any surety.
7. For abundant clarity, I declare that the term “grandchildren” in my Will and this Codicil shall include only those biologically or legally descended through my son(s) and shall exclude all others unless specifically named.
8. I further declare:
(i). This Codicil is made of my own free will, without coercion, undue influence or inducement, and while I am in full possession of my mental faculties.
(ii). The contents of this Codicil have been read over and explained to me in a language known to me, and I fully understand and accept the same.
(iii). This Codicil shall form an integral part of my Will and be read together as one composite testamentary document.
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 at the same time and who attested 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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