Raju kumar (chairman) 17 October 2021

Doubt in cancelling will

A person (my unkle) wrote a will 15 years back when he is normal. And now he is not feeling well due to oldage. He cant even sign. Both his hands & legs are not working, he is in bed.
He cant even able to speak.
Now can he cancel his will, he wrote & register it 15 years back?

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Quick Summary

This discussion addresses whether an uncle, who made a will 15 years ago and is now unwell and unable to sign or speak, can still cancel it. The key factor is whether he possesses a 'sound and disposing mind' at the time of cancellation. If he can perceive his intention to cancel, the will can be revoked. If his health prevents him from signing, registration can potentially be arranged at home with a thumbprint, provided he has the mental capacity and at least two attesting witnesses are present.

3 Replies

N.K.Assumi (Advocate) 17 October 2021

Will can be cancelled during the life time of the testator. He is not feeling well. his hands and legs are not working, no problem, if he can perceived by his senses that he is canceling the will, the will, will be cancell.

Badal Dayal Advocate (Advocate) 17 October 2021

Law of will is very clear. A person must be having sound and disposing mind at the time of making his/her will and he can change it as per his own wish subject to aforementioned condition. Secondly, Will has to be attested by atleast two witnesses signing in presence of Testator and each other and also Testator must have signed in presence of two witnesses. If your Uncle is having sound and disposing mind then he can change his will otherwise cloud will be there regarding validity of new Will. If he is having sound and disposing mind but due to some health issues his hands are not working then you can register it by requesting concerned Sub Registrar office to arrange registration at home by taking his thumb impression. Attesting Witnesses are most important factor in Will comes into the picture only when Testator is not alive. So role of witnesses are outmost important.