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 book and a codicil as an addendum or a list of corrections published later. You can have a book without an addendum, but you cannot have an addendum for a book that doesn't exist.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
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. It is deemed to be a part of the Will.

Step 2: Detailed Explanation:
Let's analyze the relationship between a will and a codicil:
- A will is a primary, standalone document that can exist on its own. A person can make a will and never make any changes to it. Therefore, there can be a will without a codicil. This makes statement (A) correct.
- A codicil, by its very definition, is an amendment or addition to an existing will. It has no independent existence and is entirely dependent on the will it modifies. Therefore, there cannot be a codicil without a will. This makes statement (B) incorrect.
- Many wills are never amended, so it is not necessary for every will to have a codicil. This makes statement (C) incorrect.
- A codicil is made after the will to modify it. It does not precede (proceed) the will. This makes statement (D) incorrect.

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