Answer By law4u team
When there are two conflicting wills, it can create significant legal challenges, as it raises questions about which will is valid and which one should prevail. In Indian law, the validity and interpretation of wills are governed primarily by the Indian Succession Act, 1925 (for non-Hindus) and the Hindu Succession Act, 1956 (for Hindus, though the Hindu law on wills is somewhat different). 1. Key Legal Concepts Regarding Wills in India Will: A legal document that expresses a person's wishes about how their property and assets should be distributed after their death. It can be revoked or altered by the testator (the person making the will) at any time before their death, as long as they are mentally competent. Conflicting Wills: This arises when a person leaves behind two or more wills, each with different instructions for the distribution of their property. The conflict typically involves contradictions in the allocation of assets, named beneficiaries, or the revocation of earlier provisions in a newer will. 2. Legal Consequences of Conflicting Wills When there are two conflicting wills, it raises the following key legal issues: A. Determining Which Will is Valid The Indian Succession Act, 1925 and other applicable personal laws provide guidance on how to deal with multiple wills: 1. Last Will Prevails: Generally, the last valid will made by the testator will prevail over any earlier wills. This is because a testator can change or revoke their will at any time during their lifetime. If the testator has made a new will, it automatically revokes the previous will (unless the new will explicitly states that the old will remains in effect). 2. Revocation of Earlier Wills: A will can be revoked either explicitly or implicitly. If a newer will is inconsistent with an earlier will, the newer will replaces the earlier will, assuming it is legally valid. If a newer will doesn’t mention revoking the previous one, the courts will need to determine the intent of the testator. If the conflict between the two wills is clear, the later one is generally accepted. 3. Witnesses and Formalities: For a will to be valid, it must adhere to certain formalities, such as being signed by the testator and witnessed by at least two individuals. If these formalities are not met for one of the conflicting wills, it may be deemed invalid. If both wills were executed following the same formalities and one contradicts the other, the last will will still be given priority, assuming the testator was of sound mind when making it. B. Intention of the Testator Intention is Key: Courts will prioritize the intentions of the testator. If there is ambiguity, the court may look into the testator’s mental state, the circumstances surrounding the creation of the will, and any witness statements to understand which will best reflects the testator’s true intentions. Ambiguity or Unclear Intentions: If both wills conflict and are unclear, a court may rule that neither will is entirely valid, leading to partial invalidity or requiring a legal interpretation to determine which clauses apply. C. Partial Revocation of Wills In some cases, the testator may have intended to alter or amend certain parts of a will rather than completely revoking it. In such instances, the newer will can be seen as a codicil (an amendment) to the older will rather than a complete replacement. If the newer will changes only a part of the previous will and is otherwise consistent with it, the newer will can supersede the conflicting parts while leaving the rest of the original will intact. If the newer will is contradictory or completely revokes the earlier one, the last will is accepted as the final testament. 3. Role of the Court in Case of Conflicting Wills In cases where there are conflicting wills and the matter is contested, the dispute is usually taken to court. The court will consider several factors to determine the validity of each will and decide which one prevails. A. Probate Process The probate process involves the court validating a will and granting legal authority for the execution of the deceased’s estate. If there are multiple wills, the court will: Examine both wills and determine whether they meet the necessary legal requirements. If both wills are found to be valid but in conflict, the court will usually give effect to the last will executed by the testator. If there is a dispute over the validity of one or more wills, the court will likely conduct an in-depth investigation, including questioning witnesses, reviewing the circumstances surrounding the will’s creation, and determining whether the testator was in a sound state of mind at the time of making each will. B. Legal Presumptions in Conflict Cases Courts generally follow these principles when dealing with conflicting wills: 1. Last Will Supersedes Previous Wills: As stated earlier, the most recent will is given priority, assuming it was executed with the proper formalities and reflects the testator's true intentions. 2. Evidence of the Testator’s Intentions: If the wills were made within a short span of time and show significant contradictions, the court may look for external evidence to understand the testator’s true intentions. This could include: Testator’s statements made before their death. Witnesses’ testimony about the testator’s wishes. Circumstances around the execution of the wills (such as who prepared them, why, and whether the testator was in a state of mind to make such changes). 3. Residuary Clause and Interpretation: Courts will also examine the residuary clause of the will (if any) to determine whether the testator’s estate should be divided according to the final will’s provisions. In the case of conflicting instructions, the court may give weight to the intent of the testator as indicated in the last document. 4. Possible Outcomes in Case of Conflicting Wills Superseding the Earlier Will: In most cases, the last will executed by the testator will supersede any prior wills, provided that it is valid and has been executed according to legal requirements. Probate of Multiple Wills: If both wills are found to be valid but in conflict, the court may issue a probate for the later will while declaring the earlier one inoperative or partially void. Invalidation of Both Wills: In some cases, if the court finds that neither will was executed properly or that the testator lacked capacity when signing them, the court may declare both wills invalid. In such cases, the estate will be divided according to the laws of intestate succession. Partial Validity: If the newer will is found to only partially revoke the older one, the court may enforce the valid parts of the newer will while upholding the rest of the older will. 5. Conclusion When there are two conflicting wills, the outcome depends largely on the circumstances surrounding the creation of each will and the testator's true intentions. The last will is typically considered the valid one, assuming it follows the necessary legal formalities and reflects the testator’s wishes. However, if the conflicting wills are unclear or invalid, the matter may require court intervention to determine which will prevails, and in some cases, both wills could be deemed invalid, resulting in the intestate succession laws being applied. To avoid conflicts in the future, it’s always recommended to clearly revoke previous wills and make any amendments or codicils explicit in the new will. Regularly updating your will and ensuring it meets legal formalities can also help avoid these kinds of disputes.
