• Revoking previous will

Sir, a person has two registered wills made by his grandfather. One will was made in 1995 and other in 2003. Beneficiaries of both the wills are different. Beneficiary of 1995 will has been specially excluded from 2003 will. In 2003 will it is not specifically mentioned that 1995 will is revoked but a line in written in 2003 will that
 " this is my first and last will".
Does the above line revoked the previous will?
Asked 7 months ago in Property Law
Religion: Sikh

8 answers received in 1 day.

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20 Answers

Last will supersedes earlier will 

 

earlier will stands revoked 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Yes, this revokes the previous Will provided the second Will is validly executed.

A Will is however always amendable to challenges by the legal heirs of the maker. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

By creating a new Will automatically revokes any previous Will. The act of making a new Will signifies the testator's intent to nullify all prior Wills. This is a standard practice in India and other jurisdictions where wills are governed by similar laws. 

While not strictly necessary, it's common practice to include a clause in the new Will explicitly revoking all previous Wills and codicils. 

The Madras High Court case of Kuppuswami Raja And Anr. vs Perumal Raja And Ors. held that a new Will effectively revokes a previous one, according to S.S. Rana & Co.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Execution of subsequent will amounts to revoking of earlier will. No further action is required except executing a fresh to nullify earlier will. The  will executed  in 2003 is valid and effective and earlier will is void and unenforceable.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

Yes, the line "this is my first and last will" in the 2003 will implies revocation of the 1995 will, even if not stated explicitly.

Under Indian Succession Act, a later valid will automatically revokes an earlier will if:

  • It is duly executed and attested,

  • The intent to supersede the prior will is clear (as shown by "first and last will"),

  • The contents conflict with the previous will (e.g., different beneficiaries, explicit exclusions).

Hence, the 2003 will prevails, and the 1995 will stands revoked by implication.

Shubham Goyal
Advocate, Delhi
2070 Answers
14 Consultations

Yes the 1995 Will gets revoked on making of the 2003 Will provided the latter Will is proved as per law 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

A person may make any number of Wills during his/her lifetime and name different beneficiaries under each Will. However, every new Will shall legally revoke the earlier one. The last Will he/she wrote before his/her death alone shall be legally valid.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Any subsequent will revokes the previous one If it is mentioned that it is the final will

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

- As per law , the last Will is only valid , it means that if your grandfather has written two wills then the Will written in 2003 is valid , and the first will be revoked automatically 

- However, the presence of two witnesses is necessary for the validity of a Will. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Client,

According to the Indian law of succession, a subsequent will, will normally revoke all the antecedent wills expressly or impliedly. The words "this is my first and last will" at the beginning of the 2003 will are tantamount to an express revocation of all the prior wills, including the 1995 will, even though the prior will is not mentioned. Hence, the 2003 will would generally be considered the operative and valid will and the 1995 will would be considered revoked. But in case of any doubt or controversy, the issue may be resolved through court probate proceedings.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Yes

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

SIr/Madam, 

It is suggested that after making of second WILL, the previous will stands revoked and there may not be mention of the same in second WILL. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

He can prove the will through certified copy of registered will which is admissible in evidence in court under BSA 2023

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Latest will of 2005 supersedes earlier will of 1995 

 

It revokes earlier will 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Whether certified copy or registered original Will, the Will which was made subsequently is the valid Will,the previous Wills made, if any, stands cancelled automatically.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The statement "this is my first and last will" mentioned in the registered 2003 will strongly indicates an intention to revoke all previous wills, including the registered 1995 will.

Under the Indian Succession Act, 1925, a subsequent will automatically revokes an earlier will if:

  1. It is duly executed and attested as per legal requirements,

  2. It contains clear intent to supersede earlier wills (even impliedly),

  3. There are contradictions in bequests or changes in beneficiaries between the two wills.

In this case, the 2003 will:

  • Names different beneficiaries,

  • Expressly excludes the earlier beneficiary,

  • Declares it to be the "first and last will", which reflects final intent of the testator.

Therefore, the 2003 will effectively revokes the 1995 will, even without using the word “revoke.”

Regarding the Civil Suit in Punjab

  • The plaintiff relies on the 1995 registered will but only holds a certified copy, not the original.

  • The defendant holds the original 2005 registered will, which is also later in time.

Legal Consequences:

  • Absence of the original 1995 will weakens the plaintiff's claim significantly. Under evidence law, production of the original document is crucial unless a valid reason is shown for its unavailability.

  • The 2005 will, being later in time and supported by the original document, will generally be presumed as the last valid expression of the testator’s intent unless proven otherwise (e.g., fraud, coercion, lack of capacity).

Conclusion




The 2003 will revokes the 1995 will by implication through its language and conflicting content. Additionally, in a court proceeding, the absence of the original will with the plaintiff and the presence of a later, original will with the defendant may tilt the balance in favor of the defendant, unless strong counter-evidence is presented.

Let me know if you’d like help preparing a reply, written statement, or cross-examination strategy in the ongoing civil suit.

 

 

Shubham Goyal
Advocate, Delhi
2070 Answers
14 Consultations

The original Will alone shall be valid to prove the case.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Dear querist,

 

The testator made two registered wills—one in 1995 and another in 2003. The 1995 will names a specific beneficiary, who has been expressly excluded from the 2003 will. Although the 2003 will does not explicitly state that it revokes the earlier will, it contains the phrase, “this is my first and last will.” This language clearly reflects the testator’s intention to treat the 2003 will as the final and only valid testamentary document. Courts have consistently held that when a later will declares itself to be the last will and alters the beneficiary structure, it effectively revokes all prior wills, even if it does not use the word "revoke."

In the ongoing civil suit, the plaintiff relies on the 1995 registered will but does not possess the original document. Instead, he has produced a registered copy. The defendant, however, has the original of the 2003 registered will. The absence of the original 1995 will does not invalidate the plaintiff’s claim outright, but it places a heavier burden on him. He must prove that the original has been lost or is otherwise unavailable and must lead secondary evidence in accordance with Section 65 of the Indian Evidence Act. Additionally, he must establish due execution and attestation of the will under Section 63 of the Indian Succession Act and Section 68 of the Evidence Act.

The existence of the original 2003 will, which excludes the plaintiff and identifies itself as the final will, places the defendant in a stronger position. Unless the plaintiff can successfully prove that the 2003 will is invalid due to forgery, undue influence, or lack of testamentary capacity, the court is likely to uphold it as the testator’s final and enforceable testament.

In case you need my assistance, i can be contacted through kaanoon

Yuganshu Sharma
Advocate, Delhi
961 Answers
2 Consultations

Dear Sir/Madam

It is suggested that having an original copy or the certifiied copy is almost same and there would be no much effect of the same. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

 - Since, there is a Will written on 2005 then the last Will have no effect ,and it is considered as cancelled. 

- Further, if the suit is pending before the Court , then the Plaintiff can produce the witnesses to prove his Will and to nullify the Will written in 2005

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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