How To Revoke A Registered Will?

A registered will can be revoked or cancelled if the testator (the person making the will) wishes to change their previously made testamentary dispositions. The Indian Succession Act, 1925 provides the legal framework for revoking or cancelling a registered will. To ensure that the revocation is effective, the testator must follow specific legal procedures and take certain steps to make sure their new will or changes are legally recognized.

Steps to Revoke a Registered Will:

Create a New Will:

One of the most effective ways to revoke a registered will is to create a new will. The new will should clearly state that it revokes all previous wills, including the registered will.

In the new will, it should be mentioned explicitly that all previous wills made by the testator are revoked. The language can be as simple as: I hereby revoke all previous wills made by me, and this will is my final will and testament.

Physically Destroy the Registered Will:

Another method of revoking a registered will is by physically destroying it, such as tearing it up or burning it. This indicates the testator’s intent to revoke the will.

After destroying the will, it is advisable to inform the relevant people, such as the beneficiaries, about the revocation to avoid confusion later.

Create a Revocation Document:

A formal revocation document can also be executed. This document explicitly states the intention to revoke the registered will. The document should be signed by the testator and, ideally, witnessed by two individuals who can testify in court if needed.

The revocation document should clearly identify the registered will being revoked and include details such as the date, name of the testator, and any specific provisions to ensure clarity.

Notify the Executor and Beneficiaries:

It is important to notify the executor of the previous registered will and any beneficiaries named in the will about its revocation. This will prevent any disputes after the testator’s death, as they will know that the will they were expecting to act upon is no longer valid.

Informing the executor can help avoid the process of executing an outdated will if the testator passes away.

Registration of the New Will (Optional):

While registration of a will is not mandatory in India, it does provide a strong legal standing. If the testator chooses to register the new will, they should ensure that the registration details reflect the revocation of the old registered will.

The testator can visit the sub-registrar office to have the new will registered and mention the revocation of the old will.

Intimation to the Registrar:

If the testator wishes to officially revoke the registered will, they can also inform the sub-registrar who registered the will about the revocation. This step is not compulsory but can help ensure that there is no confusion about the status of the old will.

Legal Provisions Regarding Revocation:

Section 70 of the Indian Succession Act, 1925 provides that a will can be revoked by the testator by:

• Making a subsequent will that revokes the earlier will.
• Tearing, burning, or otherwise destroying the will with the intention of revoking it.
• Marriage also automatically revokes a will unless it is made in contemplation of marriage.

Section 68 of the Indian Succession Act emphasizes that when a new will is made, it automatically revokes all prior wills, provided the new will includes clear language to revoke the previous one.

Important Considerations:

No Revocation Without Intent:

A revocation must always be done with the intention of cancelling the earlier will. Without this intent, the revocation may not hold up in court.

Witnesses for the Revocation Process:

If the testator is creating a new will to revoke the previous one, it is advisable to have witnesses to ensure the validity of the new will. These witnesses should be individuals who have no interest in the will and can attest to the testator’s sound mind and intent.

Disputes Among Heirs:

If the testator revokes a registered will but the revocation is not properly executed or communicated, disputes can arise among the heirs or beneficiaries. Clear documentation and communication are vital to avoid any legal complications.

Revocation and Property Transfers:

After the revocation of the registered will, any property that was intended for distribution according to the previous will will be distributed according to the new will, if one exists. If no new will is made, the property will be distributed according to the laws of intestate succession.

Example:

Mr. Sharma, who had made a registered will several years ago, decides to make a new will to change his property distribution. In his new will, he explicitly states: I revoke all previous wills made by me, and this will represents my final wishes. He also ensures that the registered will is destroyed and informs his family members and the executor of the changes. He registers the new will with the sub-registrar, making sure there is no confusion regarding his intentions.

Conclusion:

Revoking a registered will in India involves creating a new will that clearly revokes all prior wills, destroying the previous will, or creating a formal revocation document. It is essential to ensure that the intent to revoke is clearly established, and proper steps are taken to communicate this change to relevant parties like the executor and beneficiaries. By following these steps, the testator can ensure that the earlier registered will is legally invalidated and their new testamentary wishes are honored.