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How to change a Will

 How to change a Will?

A will can be easily changed or revoked during the life of the testator. A testator may revoke his Will if he/she wishes to nullify the intentions expressed in the Will to be given effect to after his/her passing.

 

Procedures of revoking or changing a Will –


By Marriage


According to Indian Succession Act, 1956, every Will shall stand revoked by the marriage of the testator. Marriage creates new obligations and duties for the testator which might influence his/her decision with regard to the deposition of the properties after the death. However, automatic revocation of a Will is not applicable for Muslims, Hindu, Buddhists, Sikhs and Jains.


 

By Another Will


A new Will created will cause revocation of all former Will. To avoid disputes or discrepancies, a Will made after an existing Will should have a clause revoking former Wills.


 

By implied action


If a new Will contains no words for revocation, but the Will cannot stand with former Will, then it can be inferred that the testator had revoked the former Will. It is not necessary for testator to state his reasons for revoking the former Will.


 

Burning or Tearing


A Will can be burned or torn by the testator or by someone else in his/her presence. However, cancellation of a Will by drawing lines across it is not one of the modes of revocation. 

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