Revocation Of Will

Counselvise
Published on 30/01/2025
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Revocation Of Will

Counselvise
Other Civil Laws / Will

Template Description

This revocation of will template is a concise 1-page MS Word document categorized under Wills and Estate Planning. It is intended for individuals who wish to legally cancel a previously executed will and declare their intent to die intestate. This document ensures that all previous testamentary dispositions are revoked, preventing legal disputes. The intended audience includes individuals updating their estate plans, legal professionals, and estate planners.


Understanding the Revocation of Will


Key Legal Provisions:

Section 62 of the Indian Succession Act, 1925:


  • Grants the testator the right to revoke their will at any time before death.

Section 70 of the Indian Succession Act, 1925:


  • Specifies the methods of revocation, including by writing, destruction, or by executing a new will.

Section 18 of the Registration Act, 1908:


  • States that registration of a revocation deed is optional but recommended for legal validity.

 

Key Provisions in the Template:


Revocation Declaration:


  • Explicitly states the testator’s intention to revoke all prior wills and codicils.
  • Mentions details of the previously executed will, including date and witnesses.

Intent to Die Intestate:


  • Declares that the testator wishes to die without a will, ensuring that succession laws will govern the distribution of assets.

Witness Attestation:


  • Requires the testator’s signature in the presence of at least two witnesses for legal validity.

 

Key Considerations:


  • Clearly mention all revoked wills and codicils to prevent disputes.
  • Execute the revocation deed in the presence of two witnesses for enforceability.
  • If drafting a new will, ensure it includes a revocation clause for previous wills.
  • Consider registering the revocation deed for added legal security.
  • Consult a legal professional to ensure compliance with local inheritance laws.


Conclusion

This template provides a legally sound method for individuals to revoke a previously executed will, ensuring that outdated estate plans are nullified. By formally documenting the revocation, the testator eliminates any legal ambiguity, securing their intended estate planning decisions.