NISM-Series-X-B: Investment Adviser (Level 2) · Tools for Estate Planning

Wills and Codicils for NISM Series X-B

Updated 11 October 2026 · Fact-checked

A will is a legal declaration of how a person wants their property distributed after death. A codicil is a later document that changes or adds to that will. Under the Indian Succession Act, 1925, a will needs a sound-minded adult testator, a signature and two attesting witnesses. Exam questions test these conditions.

Understand Wills and Codicils

A will is a legal statement of what you want done with your property after you die. The person who makes it is the testator. The person who carries it out is the executor. Those who receive property are beneficiaries or legatees. A will takes effect only on the testator's death. Until then it can be changed freely.

If a person dies without a valid will, they die intestate. Property then passes under personal succession laws, such as the Hindu Succession Act for Hindus or the Indian Succession Act for others. The share each heir gets may not match what the person wanted. This is why advisers push clients to make a will.

A codicil is a supplement to an existing will. It is used for small changes, such as adding a bequest or changing an executor. It must be executed with the same formalities as a will. It is read together with the will and forms part of it. If the changes are large, making a fresh will is cleaner.

The Indian Succession Act, 1925 divides wills into two kinds. A privileged will can be made by a soldier employed in an expedition or engaged in actual warfare, an airman so engaged, or a mariner at sea. It can be made informally, even orally, before witnesses. All other wills are unprivileged and need full formalities.

Probate is a court-certified copy of the will with a grant of administration to the executor. It is proof that the will is genuine and that the executor has authority. A will can be registered but registration is optional. Section 213 of the Indian Succession Act does not make probate compulsory. It bars establishing a right as executor or legatee in court without probate for certain wills. These are wills of Hindus, Buddhists, Sikhs and Jains within the local limits of the High Courts at Calcutta, Madras and Bombay, and such wills made elsewhere that relate to immovable property within those limits. Check the workbook for the exact rule.

Key formulas to remember

Capacity to make a will: Adult (18 or older) + sound mind + free consent; A minor cannot make a will. A person of unsound mind can make one during a lucid interval. A will, or any part of it, caused by fraud, coercion or undue influence is void.
Execution of an unprivileged will: Testator signs or marks + two or more witnesses attest, each having seen the testator sign or received a personal acknowledgement of the signature; The witnesses need not read the will. Each witness signs in the presence of the testator. Under Section 67, a bequest to an attesting witness or the witness's spouse is void. The witness is still competent and the will remains valid. Independent witnesses are advisable, but the Act does not require them. A beneficiary-witness only forfeits the bequest.
Privileged will: Soldier in actual warfare / airman engaged in actual warfare / mariner at sea; It can be oral or written and needs no strict formalities. Every other will is unprivileged.
Codicil: Will + Codicil = one testamentary document; A codicil needs the same execution formalities as a will. It can only alter or explain a will already made.
Revocation: Later will or codicil, destruction with intent, or written revocation executed like a will; A will can be revoked by a later will or codicil, by a written revocation executed like a will, or by destruction with intent to revoke. Check the workbook for any rule on revocation by marriage.
Probate: Probate = court grant proving the will + authority of the executor; Only an executor named in the will can get probate. If no executor is named, a beneficiary can apply for letters of administration with the will annexed. Section 213 does not make probate compulsory. It bars establishing a right as executor or legatee in court without probate for wills of Hindus, Buddhists, Sikhs and Jains made within the local limits of the ordinary original civil jurisdiction of the High Courts at Calcutta, Madras and Bombay. It also covers such wills made outside those limits that relate to immovable property within them.
Registration: Registration of a will is optional; A registered will is not automatically valid, and an unregistered will is not invalid.

How to solve Wills and Codicils questions

Most will and codicil questions test one rule or definition. Use this method to find it fast and avoid trap options.

1Identify what is asked: a definition, a validity condition, a type of will, a procedure such as probate, or revocation.
2Decide whether the will is privileged or unprivileged. The answer to formality questions depends on this.
3Check capacity: age, sound mind and free consent. Fail any one and the will is invalid.
4Check execution: signature of the testator and attestation by two witnesses who saw the testator sign.
5For a change to an existing will, ask whether a codicil or a fresh will is more suitable. Remember a codicil needs the same formalities.
6For probate questions, ask who applies (executor) and what it proves (genuineness and authority).
7For revocation, look for a later will, a codicil, a written revocation or destruction with intent.
8Eliminate options that use words such as always, compulsory or must, unless the rule truly says so.

Quickest way: Keyword-match method

When to use it: Use it for one-mark recall questions when you have under a minute per question.

Spot the keyword: testator, executor, codicil, probate, privileged, attestation, registration, revocation.
Recall the one-line rule for that word from the formula list.
Reject options that call registration compulsory or say one witness is enough.
Reject options that let a minor make a will.
Choose the option that matches the rule exactly.

Common mistakes in Wills and Codicils

Believing a will must be registered to be valid.
Property documents like sale deeds need registration, so students assume wills do too.
Fix: Remember registration of a will is optional. It helps as evidence but does not decide validity.
Thinking a codicil can be informal because it is a small change.
The word codicil suggests something minor.
Fix: A codicil needs the same signing and two-witness attestation as a will.
Mixing up probate and registration.
Both involve official authentication of the will.
Fix: Registration is voluntary and done with the registrar. Probate is a court grant given to the executor after the testator dies.
Treating all wills as needing witnesses.
Students forget the privileged will category.
Fix: Privileged wills of soldiers in warfare, airmen so engaged and mariners at sea can be informal and even oral.
Letting a beneficiary act as a witness.
Family members are convenient witnesses.
Fix: Use independent witnesses. Under Section 67, a bequest to an attesting witness or the witness's spouse is void. The witness remains competent and the will stays valid.
Saying a will takes effect when it is signed.
Students confuse a will with a gift or a trust.
Fix: A will operates only after the testator's death and can be changed any time before that.

Worked examples

Example 1

Mr Rao, aged 70, wrote his will and signed it. Only one person, his son who is a beneficiary, signed as witness. A client asks you whether the will is validly executed under the Indian Succession Act, 1925. What do you tell the client?

Show the solution

Mr Rao is an adult, so capacity depends on sound mind and free consent, which are assumed here.
He signed the will, so the testator's signature is present.
An unprivileged will needs attestation by at least two witnesses, each having seen the testator sign or received his acknowledgement of the signature.
Only one witness signed, so the attestation requirement is not met.
The witness is also a beneficiary. Under Section 67 the bequest to him would be void, but that alone would not invalidate a will that was otherwise properly attested. The Act does not require witnesses to be independent. A beneficiary-witness only loses the bequest.

Answer: The will is not validly executed because it has only one witness. It needs at least two attesting witnesses. Independent witnesses are advisable, but not a legal requirement, because a beneficiary-witness only forfeits the bequest.

Example 2

Ms Mehta made a will naming her sister as executor. Later she wants to add a bequest of a gold ring to her niece and change nothing else. Which is the best course, and what must she follow?

Show the solution

The change is small and adds one bequest to an existing will.
A codicil is the right tool for a small addition or change.
A codicil is part of the will and is read with it.
It must be signed by Ms Mehta and attested by two witnesses, like the will.
If the changes were extensive, a fresh will would be safer.

Answer: She should make a codicil, executed with the same formalities as a will: her signature and two attesting witnesses.

Exam tips

Learn the one-line definitions: testator, executor, codicil, probate, intestate. Many questions are direct recall.
Watch for options that say registration is mandatory. That is a standard trap.
Know the three categories of privileged will makers: soldier, airman and mariner, in the conditions the workbook gives.
Read the question for the word will or codicil. A codicil needs the same formalities, and this is often tested.
If a wrong answer costs marks, skip questions on probate scope unless you recall the workbook rule clearly.

Practice questions from Tools for Estate Planning

Wills and Codicils: frequently asked questions

What is the difference between a will and a codicil?

A will is the main document stating how property passes after death. A codicil is a later supplement that changes or adds to it. Both need the same execution formalities, and they are read together.

How do I make a valid will in India?

You must be an adult of sound mind and act freely. Write the will, sign it, and have it attested by two witnesses who see you sign. Registration is optional but useful as evidence.

What is probate and when is it required?

Probate is a court grant that certifies the will as genuine and confirms the executor's authority. Section 213 does not make probate compulsory. It bars establishing a right as executor or legatee in court without probate for wills of Hindus, Buddhists, Sikhs and Jains within the local limits of the High Courts at Calcutta, Madras and Bombay, and such wills made elsewhere that relate to immovable property within those limits.

What are privileged and unprivileged wills?

A privileged will is made by a soldier in actual warfare, an airman so engaged, or a mariner at sea. It can be informal or oral. All other wills are unprivileged and need full formalities.