Question

Which is the correct statement:

• A. There can be a will without a codicil
• B. There can be a codicil without a will
• C. Every will has a codicil
• D. A codicil proceeds a will

Hint:

Think of a Will as the main document and a Codicil as an appendix or an addendum. You can have the main document without an appendix, but you cannot have an appendix without the main document.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question tests the understanding of the relationship between a 'Will' and a 'Codicil' as defined in the Indian Succession Act, 1925.

Step 2: Detailed Explanation:
- A Will is a legal declaration of the intention of a testator with respect to his property, which he desires to be carried into effect after his death.
- A Codicil is an instrument made in relation to a Will, explaining, altering or adding to its dispositions, and is deemed to be a part of the Will.
Let's analyze the statements:
- (A) There can be a will without a codicil: This is correct. A person can make a will and never alter it. A codicil is optional, used only if a change is needed. Most wills exist without any codicils.
- (B) There can be a codicil without a will: This is incorrect. By its very definition, a codicil is an addition or amendment to an existing will. It cannot exist independently.
- (C) Every will has a codicil: This is incorrect. As stated above, a codicil is an optional addition, not a mandatory part of every will.
- (D) A codicil proceeds a will: This is incorrect. The word here should be "precedes". A codicil is executed after a will to modify it. It does not come before the will.

Step 3: Final Answer:
The only correct statement is that a will can exist without a codicil.