Can a written will be revoked?

Answer By law4u team

Yes, a written will can be revoked in India under certain conditions. The revocation of a will refers to the legal process of canceling or nullifying a previously made will. Here’s how it can be done: Ways to Revoke a Will By Creating a New Will: Explicit Revocation: A new will can revoke an earlier will if it includes a clause explicitly stating that the new will revokes all prior wills. This is the most common method used to revoke an earlier will. Complete Replacement: The new will must clearly indicate that it is intended to replace and revoke the previous will. This ensures there is no confusion regarding the testator's wishes. By Codicil: Adding to or Modifying: A codicil is a legal document used to amend or supplement an existing will. It can be used to revoke certain provisions of the original will but is less common for complete revocation. By Destroying the Will: Physical Destruction: The testator can revoke a will by physically destroying it with the intention of revoking it. This can be done by burning, tearing, or otherwise destroying the will. Witnessed Destruction: It is generally advised that the destruction be done in the presence of witnesses to avoid disputes regarding the testator's intentions. By Marriage or Divorce: Marriage: In India, under Section 70 of the Indian Succession Act, 1925, a will made by a testator is revoked by their marriage unless the will is made in contemplation of marriage. Divorce: Under Section 57 of the Indian Succession Act, a divorce generally revokes any bequest made to a spouse, but it does not automatically revoke the entire will unless specifically stated. Legal Provisions and Considerations Indian Succession Act, 1925: Governs the revocation of wills among other matters related to succession. Testamentary Capacity: The testator must have the mental capacity to understand the act of revoking a will. Intent and Documentation: The revocation must clearly reflect the testator's intent. If the revocation is done through a new will, the new will should be properly executed, witnessed, and dated. Legal Advice and Documentation Consultation: It’s advisable to consult with a legal professional to ensure that the revocation is carried out correctly and to avoid any potential legal disputes. Documentation: Keep clear records of the revocation process, including any new wills or codicils, to establish the testator’s intent unequivocally. By following these methods, a testator can legally revoke a written will and ensure that their estate is distributed according to their updated wishes.

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