Cancellation of will

If there are two testators (say husband and wife) and ifthey executed a joint Will, it is treated as two separate Wills. Each can revoke his/her part during their lifetime.

If they executed a mutual Will (with an agreement not to revoke after the first death), then after one testator dies, the surviving testator is normally bound by the agreement, unless the Will itself expressly reserves the right to revoke. Courts in India have upheld this principle.

If a beneficiary under the Will dies before the testator, the bequest to that beneficiary lapses (Section 105–111, Indian Succession Act). That portion of the estate will either:

Fall into the residue of the estate (if there’s a residuary clause in the Will), or devolve as per intestate succession (if no such clause exists).

The surviving testator still retains full power to revoke or alter his/her Will, regardless of whether beneficiaries have died.

The surviving testator can cancel, revoke, or alter his/her Will anytime before death.

The death of beneficiaries does not restrict this right.

Revocation can be done by executing a new Will, or destroying the old Will with intent to revoke (Section 70, Indian Succession Act).

Originally posted by : JEGADEESAN
	Sir     I Would Like to clarify some doubt regarding cancellation of Willi.e.Muthukutty & Vadivu had written a will and registered the same with concerned SRO with the following terms & conditions ( Some Properties have been bought by their individual capacity & some portion by inheritance)1.After the death of both of the above it would come into force 2.During their life time it can be altered or cancelled etc3.All the Properties should be share by their Sons ( Namely 1.Nalla Sivan & 2.Sivan Perumal)But unfortunately both of the above sons were died ( Sivaperumal in 2020 & Nalla Sivan in 2025 ) and also Muthukutti Died in 2023Now Vadivu wants to cancel the Will.1 . Whether she can cancel the Will ?2. Whether she can sale the entire property since vadivu & her husband clearly mentioned as their daughters have no right in the Property and separate arrangment has been done for them.

A will can be revoked / cancelled and again it may be executed and registered by the Testator (Executor) at any time during his / her /their life time.

The will shall be operative only after his / her / thier death.

You may check whether there is mention qua next beneficiary if te benficiary is / are pre-deceased. 

Show the document to a local prudent lawyer if you feel some problem.