Revocation of A Will

The Last Will is a legal declaration of the testator which provides details of such person who will inherit his property and when and how the property will be divided among the beneficiaries. A will registered under the Indian Registration Act makes strong legal evidence. But it does not mean it cannot be challenged for its genuineness. A Will can be revoke or alter anytime when the creator is competent to dispose his property by Will. Revocation of Wills may be classified into two aspects such as:-

• Any testator who wishes to revoke his original Will made by him on a specified date and time, the testator can make a revocation of the will himself by writing a codicil duly executed and by destruction of the previous will. This means by tearing, destroying, burning or striking out the signature of the original Will.
• As per the Section: 69 of the Indian Succession Act 1925· which deals with revocation of wills by the testator’s marriage. However this section does not apply to Hindus. Section 57 of the Indian Succession Act clearly states that a testator’s marriage will not make Will invalid.

Revocation of Wills

Revocation of Wills can be done in the following manner:-

• By some writing and declaring an intention to revoke the will
• By execution of a subsequent will
• Burning of the will
• By tearing of the will
• By destroying the will

When a will is evoked by a succeeding will, the will so revoked will have no function.

Revocation of a wills by testator’s marriage

Under section 69: Every will shall revoked by the marriage of the maker, except a will made in exercise of a power of appointment, when the property over which the power of appointment exercised would not, in default of such appointment, pass to his or her executor or administrator, or to the person entitled in case of intestacy. Explanation.–Where a man invested with power to determine the disposition of property of which he does not own, he does have power to appoint such property.

Revocation of unprivileged wills or codicil

No unprivileged will, nor any part thereof shall revoked otherwise than

• By marriage or by other will or codicil or
• By some written declaration with the intention to revoke· the same and executed in the way in which an unprivileged will herein before needed to execute, or
• By tearing, burning or otherwise destroying the Will by the· testator or by other person in his presence and by testator direction with the intention of revoking that Will.

Revocation of privileged wills or codicil

A privileged will or codicil may also be revoked by the testator

• By an unprivileged will or codicil, or
• By any act expressing an intention to revoke the Will and· with such formalities as would be sufficient to give validity to a privileged will, or
• By tearing, burning, or otherwise destroying theWill by the· testator, or
• By other person in testator’s presence and by his direction· along with the intention of revoking the same

Renewal of unprivileged wills

• No unprivileged will or codicil or any part of it which has revoked in any way shall revived otherwise than by re execution thereof or by a codicil executed in manner herein before required and showing an intention to revive the Will.
• Where any will or codicil which has partly revoked and· thereafter wholly revoked or revived such revival shall not be extended until an intention to the contrary shown by the will or codicil.

Loss of Wills

Where a will has lost then presumed to be revoked. In case will was seen with the testator but could not found after the death of the testator then it is presumed that the Will has revoked by the testator by destroying the same.