Will can always be revoked by the testator
even if it is mentioned as irrevocable testator can revoke the earlier will and execute fresh will
Can a irrevocable will be made revocable by testator
I have been taking care of my parents for the past 50 years and my father passed away about 16 years ago and my mother is in her late 90's. My siblings never took care of my parents and its come to my notice that My brother took my mother by force few years ago and made an irrevocable will . This property is a farming land and is not permissible for sale for the next 10 years at least. The best i can do is have the will rewritten and I've done so but realized that the previous will made by my mischievous brother was irrevocable. He has never been there for my parents or taken care of them in the past 40 years or so. kindly advise.
Asked 3 years ago in Property Law
Religion: Other
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8 Answers
Sir if you want to revoke irrevocable POA then you can revoke.
A Will becomes irrevocable only on the demise of the person making the Will
During his lifetime he can make as many Wills he wants and every succeeding Will would revoke the earlier Will
It is always the last Will which has to be considered
So you need not worry about the previous irrevocable Will as that would stand revoked on the execution of the subsequent Will provided such Will is executed and attested as per law
No will is irrevocable. There is no such document as irrevocable will. Execution of subsequent will automatically revokes earlier will without any declaration in the subsequent will that earlier is revoked. It is matter of time of execution of will that determines validity of will. A will executed at 10 pm revokes will executed at 9.45 pm. A registered will is revoked by subsequent un-registered will even when subsequent will executed just one minute later. That is the absolute law.
A will, whether it is registered or not, is revocable during the lifetime of the testator.
Your mother can cancel the Will and make a fresh Will anytime during her lifetime.
There is no concept called irrevocable Will.
Dear sir,
A will made by use of force or coercion is invalid, If you have sufficient proof to show that your mother was never willing to make a will in the name of your brother or that she was under undue influence, then you can file a suit in court invalidating the will. You can also show that your mother did not possess the testamentary capacity to execute such a will. Thank you.
Will is never irrevocable unless the testator dies. A testator can make multiple will in his lifetime and may cancel the previous ones and the latest one will be taken into consideration.
So ask your mother to make a will and state in the will that the previous will is cancelled.
- As per law, if your parents died without leaving a WILL , then their property would be devolved upon all the legal heirs equally.
- Further, if your mother has left two WILLs , then only the last WILL is executable , and the first will loose its entity.
- Further , if the WILL is not probated then it can be challenged by other legal heirs.
- If she left a WILL in your favour , then file a petition for probate before the district court for become legal owner of the property.
