Hemanth Praveen Kumar (Legal Advisor) 18 December 2010

Irrevocable Will

My client's mother had executed a Will deed titled as IRREVOCABLE WILL DEED bequething her property to her husband with a condition to enjoy the property during his life time with a condition not to alienate in any manner and after his demise her son to inherit the said property., and also undertook that she will not revoke the Will Deed during her life time. I seek the expert's advice whether that Irrevocable Will Deed can be revoked by my client's mother during her life time?

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5 Replies

Adv Archana Deshmukh (Practicing Advocate) 18 December 2010

Yes she can definately revoke her will during her life time even though her will-deed was titled as 'irrevocable'.

unique horn (self) 18 December 2010

All ' Will 's are are revocable, there is nothing called irrevocable ' will '. Only settlement deeds cannot be revoked once it is given absolute.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 19 December 2010

Since, WILL is not an agreement / deed / MOU or any type of contract etc...., it can be revoked every day.

However, a person may make a "Conditional Will", with specific conditions or directions that would be executed at relevant times during the life time of the beneficiaries.

Keep Smiling .... Hemant Agarwal

(Guest)

if she executes a will after the previous will. It becomes cancelled. No will is irrevocable. a new one will authomatically cancells the old one of the testator.

(Guest)

if she executes a will after the previous will. It becomes cancelled. No will is irrevocable. a new one will automatically cancells the old one of the testator.