Bigesh Edakandy
Asked June 29, 2016

revocation of will

  • 1 Answer
  • 63 Views

sir , My grandmother died on 2014 and on 2011 she written a will for me(grand son) but on 1996 she had written a will for her sisters son, both are registered which will prevail and the problem is that in my will its stated that "there was no will written before" so what may the probability of my 2011 will, i heard in previous will discussion forum that experts are in controversy that ,there should be clause that "my all earlier will are revoked by this will" if that is not written is it can be fail in court ,what is the real status of my last will.

Answer 1

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Anubha Yadav

Will is the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death[1]. A will can only be made for self-acquired property and not for ancestral property. Once the Will is made by the testator it can be revoked during his lifetime. A testator who wishes to revoke his original Will which is made by him on a specified date and time, he can make revocation of the will himself by writing a subsequent Will or codicil duly executed and by destruction of the previous will, means by burning, tearing, destroying or striking out the signature of the original instrument of a Will. It is the last validly executed Will, if there is more than one Will, which is taken into effect. If there are two different wills for the same property, the latest will have the more value irrespective of whether that is registered or not[2]. Therefore, the latest will executed by your grandmother (i.e. the will executed i 2011) shall prevail. Because when a new will is executed as well as registered, the earlier will automatically gets revoked.

 

[1] Section 2(h) of The Indian Succession Act, 1925

[2] Kailvelikkal Ambunh1 (Dead) By Lrs. And Ors. Vs. H.Ganesh Bhandary on 24/08/1995

 

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