How To Change A Will?

One of the most significant

advantages of a Will is that it can be easily changed or revoked during the life of the testator. A Will can be revoked if the testator wishes to nullify his/her intentions expressed in the Will to be given effect to after his/her passing away. In this article, we look at the procedure for revoking or changing a Will.

Marriage

The

Indian Succession Act provides that every Will shall stand revoked by the marriage of the maker. Marriage creates new obligations and duties for the testator, which might influence his/her decision about the disposition of properties after death. Hence, marriages result in automatic revocation of Will under most circumstances. However, the automatic revocation of Will on marriage does not apply to Muslims, Hindus, Buddhists, Sikhs, and Jains.

By Another Will

A new Will created after an existing Will can have a clause to revoke all former Wills and Codicils. To avoid disputes or discrepancies, all Wills made after an existing Will have a clause revoking former Wills and codicils.

Implied Revocation

In case a later Will contains no words of revocation, but the Will cannot stand with the former Will, then the testator intends to revoke the first Will. "In so far as subsequent testamentary instrument is contrary to or inconsistent with an earlier one, such earlier one is treated as implied revoked. It is not necessary for the testator while executing the second Will to state reasons for canceling the earlier one." [Manickam vs. Sakunthala Rajeshwari and Others (2006) 2 MLF 581].

Burning or Tearing

The testator or by someone in his/her presence can tear or burn the Will to revoke the same. However, the cancellation of Will by drawing lines across it is not one of the modes of revocation. In a case, the testator drew lines across his Will and wrote on the back, "This is revoked." The 1 requires sign from the testator and attestation from two witnesses.

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Frequently Asked Questions

Common questions about Change a Will: Legal Guidelines & Procedures.

You can revoke an existing Will by creating a new Will with a clause that expressly revokes all previous Wills and codicils. Alternatively, you can revoke a Will by burning or tearing it in the presence of witnesses, provided you sign the revoked Will and have it attested by two witnesses.

Under the Indian Succession Act, marriage automatically revokes any existing Will, except for those governed by Muslim, Hindu, Buddhist, Sikh, or Jain personal laws. The revocation occurs because marriage creates new obligations and duties that may influence the testator's intentions regarding the distribution of their properties.

Yes, you can make changes or amendments to an existing Will by creating a codicil, which is a supplementary document that modifies specific parts of the original Will. However, it's generally recommended to create a new Will entirely to avoid any potential confusion or disputes.

If your new Will contains provisions that are inconsistent with or contrary to your previous Will, the new Will is considered to have impliedly revoked the relevant portions of the previous Will. The court will interpret your intent based on the new Will, and the conflicting parts of the old Will will be treated as revoked.

No, it is not necessary to state reasons for revoking a previous Will when creating a new one. As long as the new Will contains a clause expressly revoking all former Wills and codicils, it will be considered a valid revocation, regardless of whether reasons are provided or not.

No, merely drawing lines across or crossing out a Will is not a valid mode of revocation. To revoke a Will, you must either create a new Will with a revocation clause, burn or tear the existing Will in the presence of witnesses, or have the revoked Will signed by you and attested by two witnesses.

If you revoke your Will without creating a new one, you will be considered to have died intestate, which means your properties and assets will be distributed according to the laws of intestate succession applicable to you based on your personal law.

No, a codicil cannot revoke an entire Will. A codicil is a supplementary document that modifies or amends specific provisions of an existing Will. To revoke a Will entirely, you need to create a new Will with a revocation clause or follow the other methods of revocation mentioned in the article.

If you are revoking a Will by burning or tearing it, no witnesses are required. However, if you are revoking a Will by drawing lines across it or writing "This is revoked" on the Will, you need to sign the revoked Will, and it must be attested by two witnesses.

No, a Will cannot be revoked after the testator's death. The revocation of a Will can only be done by the testator during their lifetime, either by creating a new Will, burning or tearing the existing Will, or following the other prescribed methods mentioned in the article.