Q: What is codicil ?
A: A Codocil, unlike a Will, is not an independent document, but is an appendage to the main document that is the Will. A Codocil
is a document which alters any one or more provisions in the Will or adds any
provision to the Will or rectifies the mistakes, if any in the Will.
Q: Is Alteration
permitted in the Will ?
A: In terms of
Section 71 of the Act, no obliteration or other alteration made in any
unprivileged will after execution thereof, shall have any effect, except so far
as the words or meaning of the will have been thereby rendered illegible or
undiscernible unless such alteration has been executed in the like manner as
required for the execution of the Will. This applies where the alterations are
made after the Will is duly executed and attested. If they are made before the
execution, this section will not apply. It is desirable to get the alterations signed by the Testator, to avoid controversy.
Q: Can a Will be
executed Jointly by Husband and wife or two persons ?
A: Joint Will or
a Common will can be executed by two or more persons disposing of their joint
or separate properties jointly.Such a
Will is also revocable by any one of them or by the survivor of them.A joint Will is a testamentary disposition by
more than one testator of their properties operating on the death of each
testator on his properties and is in effect more than one will combined into
one.
Q: What is the
procedure for Mohammedans to execute a Will ?
A: So far as Muslims are concerned the provisions of
Part VI of the Succession Act, containing Sections 57 to 191 do not apply to
Mohammedans in India. Sections 211 and 212 of Part VII also do not apply to
Mohammedans. Therefore, so far as matters such as to power to make a will,
nature of the Will, execution and attestation thereof etc., are concerned, the
Mohammedans are governed by the Muslim Personal Law. Under that Law, a Muslim
can make a will orally or in writing and no form is required for such
writing.
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