How do I revise my will?
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Under the Indian Succession Act, 1925, a testator (person making the Will) has full legal right to revise, modify, or revoke their Will any time before their death, provided they are of sound mind and acting voluntarily. Two Legal Ways to Revise a Will ✅ 1. By Making a Codicil A Codicil is a supplemRead more
Under the Indian Succession Act, 1925, a testator (person making the Will) has full legal right to revise, modify, or revoke their Will any time before their death, provided they are of sound mind and acting voluntarily.
Two Legal Ways to Revise a Will
✅ 1. By Making a Codicil
A Codicil is a supplementary legal document used to modify, add to, or revoke part(s) of an existing Will.
It should:
Refer clearly to the original Will.
Be signed by the testator.
Be attested by two witnesses, just like a Will.
Example use: “I wish to change the executor named in my Will dated 5th June 2020. Instead of Mr. X, I now appoint Mr. Y.”
✅ Advantage: Simple way to make small changes.
✅ 2. By Making a New Will
If changes are major (e.g., change in property, beneficiaries, or intentions), it is advisable to:
Draft a completely new Will.
Clearly revoke all previous Wills and codicils.
Sign the new Will in the presence of two witnesses.
(Optional but recommended) Register the new Will under Section 40 of the Registration Act, 1908, to avoid disputes.
Important Legal Tip:
Simply tearing or destroying the old Will without creating a new one can cause confusion and disputes.
Is Registration of Revised Will Mandatory?
No, registration is not mandatory, but it gives stronger legal evidence of authenticity and prevents tampering.
Conclusion:
You can revise your Will:
For minor changes → Use a Codicil.
For major changes → Draft a New Will with revocation clause.
Both must follow the same execution process — signed by the testator in presence of two witnesses.
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