Query about WILL
preet
(Querist) 07 February 2011
This query is : Resolved
Q: A testator, for the sake of safety, may make a will in duplicate, one to be kept by him and the other to be deposited in the safe custody with a bank or executor or trustee or registered in court. If the testator mutilates or destroys the one which is in his custody, is it revocation of both?
Chanchal Nag Chowdhury
(Expert) 08 February 2011
No. To invalidate the Will the testator will either have to declare revocation of the Will or to make a fresh Will stating that the latter is being made revocating the earlier Will.
V.Mahadevan
(Expert) 08 February 2011
Once a WILL is registered as a metter of abundant caution and placed in the custody of the Registrar,cannot be tampered with destroyed or mutilated or stolen.In any eventuality,the same can be produced in a Court.
In case a second copy of the WILL is made and given to the attesting witness or executor and a mention of the fact of the second copy is recorded in the WILL, the same in the absence of the Original(lost) would serve as admissible evidence.
Better do not keep it in Bank Locker if it is in the sole name of the testator.You will be inviting more trouble from the Bankers,if you do so.
Such a course of action would not amount to revocation of the WILL.
Please remember a Registered WILL can be revoked by following the due procedure.
Amit Minocha
(Expert) 08 February 2011
good reply by Mr V Mahadevan
J K Agrawal
(Expert) 09 February 2011
Dear Sirs
I slightly differ all of you.
There is no rule that a registered will can not be revoked by an unregistered will. ( It is only rule of evidence that registered will is more reliable over unregistered one)
If one changes his mind about a will, and express it clearly in writing, it renders all previous wills cancelled. it sets aside each and all copies of any and all previous registered or unregistered wills. (Only up to that extent which is in contravention of last will)
It is not necessary that he is to state specifically that he by executing new will cancels all previous wills.
Kirti Kar Tripathi
(Expert) 09 February 2011
If another will is made, it the previous will automatically deemed to have cancelled. the subsequent will shall prevail over the earlier will provided it has all the requirement of valid will. i.e. capacity to make will, absence of undue influence, fraud etc. and attestation by two witnesses.
NOTTAM VENKATASAMY
(Expert) 09 February 2011
I AGREE WITH ONLY MR.AGARWAL AND MR. TRIPATHI
