Answer By law4u team
Yes, in India, a registered will can be changed or revoked at any time by the testator (the person who made the will), as long as the testator is mentally competent and alive. Registration of a will does not make it irrevocable or unchangeable. Here’s a detailed explanation: 1. Nature of a Registered Will A will is a legal declaration of a person’s intentions regarding the distribution of their property after death. Registration of a will with the Sub-Registrar is a means of officially recording it, giving it public notice and additional legal credibility. Key point: Registration is optional; a will is valid even if it is not registered, as long as it meets the legal requirements. 2. Revocation or Alteration of a Will Even after registration, a will can be changed, partially or fully, through: 1. Revocation by Writing The testator can create a new will explicitly stating that the old will is revoked. 2. Physical Destruction The testator can destroy, burn, tear, or cancel the will, or any part of it, with the intention of revoking it. 3. Codicil A codicil is a supplement or amendment to the existing will. It allows changes without creating a completely new will. A codicil must also be signed by the testator and witnesses. > Registration of the original will does not prevent any of these actions. It only records the original document officially. 3. Legal Requirements for Changing a Registered Will The testator must have sound mind and legal capacity. Changes must be intentional and voluntary. The modified will or codicil must comply with formalities of execution: Signed by the testator Witnessed by at least two witnesses Once a new will or codicil is executed, it can also be registered to maintain official records, though registration is not mandatory for validity. 4. Effect of the Change on Registration Registration is specific to the document submitted. If a registered will is changed, the old registered will remains in the registry, but the latest will or codicil supersedes it. In practice, it is advisable to register the revised will or codicil to avoid disputes after the testator’s death. 5. Practical Advice 1. Always keep a clear record of changes. 2. Destroy old versions if revoking them to avoid confusion. 3. Consider registering the revised will for legal clarity, although registration itself does not affect validity. 6. Summary A registered will can be changed, modified, or revoked at any time by the testator. Registration provides proof and public notice, but it does not lock the testator into the will. Changes can be made through a new will, codicil, or physical revocation. After making changes, registering the new document is advisable but not mandatory.
