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Whether will can be cancelled


25-Mar-2023 (In Wills / Trusts Law)

My grandfather expired few weeks back. he has made one will and registered in registrar office in 2007. I left the home in 2010. wanted to know 1) how to know whether will cancelled or not. 2) if new will created and not registered , which will be authenticate. 3) within how many days after death claim need to be done.

Answers (1)

Answer #1
342 votes

When a new will is made, all the other will made before gets revoked automatically.  Only the latest will be a valid a Will. A will can be executed at any time after the death of the testator.


People also ask

What are the grounds for cancellation of will?

A.N. Narayanan Chettiar1 ruled that a will could be challenged for undue influence. This includes influence exercised by coercion, fraud or coercion. Undue influence would not include simple persuasion or importunity that does not overbear the testators will. 27-Dec-2022

Can a registered will be Cancelled after death?

A will can be challenged even though the creator has died. It is important to note that a testament deals with inheritance details for all types of property, both movables and immovables. A will can be contested up to 12 year after the death of the creator.

Can someone cancel will?

It is possible to cancel a will during the testators lifetime, whether it be registered or not. Stamp duty is not required. You can cancel the first will by making a new one.

What is the procedure to cancel a will?

You can cancel a Will by destroying the document. It is advisable to destroy all photocopies as a precaution. You can also execute a new Will, which will supersede any previous Will. You can also execute a Codicil to revoke or amend the previous Will.

  

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