A Will has the major advantage of being easily changed or revoked during the life of the testator. When the testator wishes to nullify his/her intentions expressed in his/her Will after passing away, the Will can be revoked. Revoking or changing a Will is discussed in this article.
Marriage
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Every Will registration shall be revoked by the marriage of the maker according to the Indian Succession Act. The testator’s marriage creates new obligations and duties, which may influence the disposition of his/her property after death. Marriage therefore results in the automatic revocation of a Will in the majority of cases. The automatic revocation of a Will on marriage does not apply to Muslims, Hindus, Buddhists, Sikhs, or Jains.
By Another Will
In a new Will created after an existing Will, the clause can revoke all previous Wills and Codicils. All Wills made after an existing Will include a clause revoking previous Wills and codicils in order to avoid disputes or discrepancies.
Implied Revocation
The testator intends to revoke the first Will if a later Will does not contain words of revocation but cannot stand with the earlier Will. In the event that a subsequent testamentary instrument contradicts or is inconsistent with an earlier one, the earlier one is impliedly revoked. “When executing the second will, the testator does not have to explain the reasons for cancelling the previous one.” As stated in Manickam v. Sakunthala Rajeshwari and Others (2006), 2 MLF 581.
Burning or Tearing
A Will can be revoked by the testator or by someone in his/her presence by tearing or burning it. In any case, the cancellation of a Will by drawing lines across it does not constitute revocation. The testator drew lines across his Will and wrote on the back, “This is revoked.” A revoked Will requires signatures and attestations from two witnesses.
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