Last will supersedes earlier will
earlier will stands revoked
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?
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.
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.
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.
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.
Yes the 1995 Will gets revoked on making of the 2003 Will provided the latter Will is proved as per law
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.
- 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.
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.
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.
Sir, a civil suit regarding wills is going on in Punjab Civil Court. Plaintiff has a registered will in his favour of 1995 but he does not have orginal will he has a registered copy of it. Defendant has a registered will in his favour of 2005 and he has the orginal of it. Will this have a negative effect on plaintiff that he does not have the original will to show?
He can prove the will through certified copy of registered will which is admissible in evidence in court under BSA 2023
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.
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.
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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.