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Home/ Questions/Q 18856
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CA Sanjiv Kumar
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CA Sanjiv KumarEnlightened
Asked: March 28, 20222022-03-28T14:41:42+05:30 2022-03-28T14:41:42+05:30In: Corporate Laws

How do I revise my will?

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How do I revise my will?
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    1. CA Vishnu Ram Enlightened
      2025-05-06T10:12:14+05:30Added an answer on May 6, 2025 at 10:12 am

      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.

        📌 Suggested wording: “I hereby revoke all my earlier 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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    • CA Vishnu Ram
      CA Vishnu Ram added an answer A Will in India is governed by the Indian Succession… May 6, 2025 at 10:14 am
    • CA Vishnu Ram
      CA Vishnu Ram added an answer Under the Indian Succession Act, 1925, a testator (person making… May 6, 2025 at 10:12 am
    • CA Vishnu Ram
      CA Vishnu Ram added an answer ✅ 1. What is a Will? A Will is a… May 6, 2025 at 10:10 am

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