Amendmends in the" will"
AJIT KAWATKAR
(Querist) 27 July 2013
This query is : Resolved
my relative had written a will in 2004;duly witnessed with cetificata of fitness from medical practitioner.
Now that she has sold off some of her immovable pptys she wants to srick off & amend the SAID "WILL".
Q. whether she has to REWRITE the fresh one or only SRICKIKING OFF WITH SIGNATURE will suffice ?
Q does it require witness & medical certificate AFRESH ?
With due Respect to all lawyers club community; I request some one [advocate] specialization to answer this Q.
Devajyoti Barman
(Expert) 27 July 2013
1. She can execute a fresh Will which amounts to cancellation of earlier Will.
2.Yes
Do not set pre condition while posting query.
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prabhakar singh
(Expert) 27 July 2013
EVEN IF SHE DOES NOT PROPOSE TO DO SO NO ADVERSE LEGAL EFFECT IS GOING TO BE CAUSED AT ALL AS THE SALES WERE MADE SUBSEQUENT TO WILL.
WHATEVER SHE WOULD LEAVE FINALLY WOULD ipso facto DEVOLVE UPON BENEFICIARY.
Any alteration including partial revocation or amendments and corrections(i don't mean full revocation here) desired to be made in any original finally completed will at a future date is done by a document called CODICIL ,a supplement to will,which is prepared with reference to original will and has to go with all those formalities with which any regular will is legally required to go with.
Where complete revocation has to take place
a fresh draft is desirable and not simply codicil,and revocation of former should be in very express words with reference to former will as merely writing that it is last one would not be deemed to be a legal revocation.
prabhakar singh
(Expert) 27 July 2013
THOUGH NOT ASKED OR QUERIED BUT I WISH IT TO EXPLAIN FURTHER FOR BAR THAT :
That formalities attached with a will is laid down in section 63 of Indian Succession Act and exception(Privileged ORAL WILLS ) laid down in 65 of the Act is while everybody knowledge but the fact that exceptions in section 65 does not apply to those soldiers in active service who are Hindu,Buddhist, Jain,or Sikh might be known to very few.
Rajendra K Goyal
(Expert) 27 July 2013
A will can be changed as many time as per wish of the testator.
Sale of some property mentioned in previous will does not effect the legality of will as advised by the Expert prabhakar singh ji.
R.K Nanda
(Expert) 27 July 2013
a will can be changed as many times as per
wish of testator.
ajay sethi
(Expert) 27 July 2013
you can revoke the will by preparation of a fresh will or execute a codicil . contact a local lawyer
Raj Kumar Makkad
(Expert) 27 July 2013
A person is free to execute his will as many times as he can and last shall prevail.
Raj Kumar Makkad
(Expert) 27 July 2013
Even the terms in the will can be changed with the beneficiary of the will.
Raj Kumar Makkad
(Expert) 27 July 2013
Registration of the will is not required and even there is no prescribed mode to get it executed.
