Registration of codicil after the death of testator

985 votes

The answer is No. Once a testator dies. The last will comes in to force. And any document which has been to be registered as your case seems to be ... Cannot be registered as the registration process requires the presence of the testator.

Advocate Vivek Jain LawRato

898 votes

No, codicil can't be registered after the death of testator. Codicil is a document which alters/modifies/supplements the will and becomes inherent part of the will, and if will (or any other instrument) can't be registered after death of the testator (or person drawing the instrument) then, how can a codicil be registered post testator's death being an inherent part of the Will.

The simple reason why Will or codicil will require registration before Testator's death is that the registering authority will need to see and verify if the person who has appeared before him is the same person in who is testating the Will. This verification can't be done post death.

This being said, non registration of the codicil will not render the Will unenforceable. Depending upon the concerned State's probate rules and requirements, Will can be executed and enforced.

Advocate Divyanshu Srivastava LawRato

992 votes

As wills are brought into force only after death of testator therefore, Codicil remains the part in the will and the same, if required can be registered only during the life time of the testator. Therefore, cannot be registered in terms of the registration of wills

LawRato LawRato