Oct 12, 2017
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Revocation of Wills

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A Will is liable to revoke or alter anytime when the maker is competent to dispose his property by Will. Revocation of Wills by testator of Will at any point of time which thus classified into two aspects such as:-

  • 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. This means by burning, tearing, destroying or striking out the signature of the original instrument of a Will.
  • According to Section: 69 of the Indian Succession Act, 1925 which deals with revocation of wills by the testator’s marriage. However this provision does not apply to Hindus. Section 57 of the Indian Succession Act clearly states that a testator’s marriage will not make the Will invalid.

Revocation of Wills

Revocation of Wills can take place in the following manner:-

  1. By execution of a subsequent will
  2. By some writing and declaring an intention to revoke the will
  3. Burning of the will
  4. By tearing of the will
  5. Otherwise destroying the will

When a will evoked by a subsequent will, the will so revoked will have no operation.

Revocation of a wills by testator’s marriage

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 or codicil, nor any part thereof, shall revoked otherwise than by

  • marriage, or by another will or codicil, or
  • some writing declaring an intention to revoke the same and executed in the manner in which an unprivileged will herein before required to execute, or
  • the burning, tearing, or otherwise destroying the same by the testator or by some person in his presence and by his direction with the intention of revoking the same.

Revocation of privileged wills or codicil

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

  • an unprivileged will or codicil, or
  • any act expressing an intention to revoke it and accompanied by such formalities as would be sufficient to give validity to a privileged will, or
  • the burning, tearing or otherwise destroying the same by the testator, or
  • some person in his presence and by his direction, with the intention of revoking the same.

Explanation.–The revocation of a privileged will or codicil by an act accompanied by such formalities as sufficient to give validity. It is not necessary that the testator should be in a situation which entitles him to make a privileged will.

Revival of unprivileged wills

  • No unprivileged will or codicil, nor any part thereof, which has revoked in any manner, shall revived otherwise than by the re-execution thereof, or by a codicil executed in manner herein-before required, and showing an intention to revive the same.
  • When any will or codicil, which has partly revoked and afterwards wholly revoked, revived, such revival shall not extend to so much thereof has revoked before the revocation of the whole thereof, unless an intention to the contrary shown by the will or codicil.

Loss of Wills

If a will is lost it then presumed to revoked. If the will was seen with the testator, but could not found after the death of testator, it then presumed that the same has revoked by the testator by destroying the same.

 

 

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Article Categories:
Wills And Trust

Avani is a LL.B. student of New Law College. Classical use of language and adeptness with the written word make her treasure useful legal information. In her spare time, she writes prose and pursue an active interest in creative writing.

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