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Can alive Testator revoke a mutual property WILL after other death


13-Dec-2023 (In Property Law)
A mutual probate notarized WILL is prepared by couples for their jointly owned property. Can the alive Testator revoke/ destroy the WILL after the death of the Testator-2. What to be done to revoke the WILL
Answers (3)

Answer #1
883 votes
No. Joint or mutual will is binding to both the parties. However if one party survives after the other, she can create her separate will to bequeath the assets which should not be contrary to the mutual will. Will only takes effect after the death of the testator and binds as per its own clause. Contents of the will needs to be shared for any better advice. Feel free to contact.

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Answer #2
930 votes
The Testator -2 can make a separate new Will which automatically will negate the earlier one. It has to be drafted in a way that clearly depicts that earlier Will has lost its sanctity. As per law last and final Will prevails.
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Answer #3
536 votes
In such cases you can modify your will by making a new will and you can change the conditions with your own free will. You can mention in your new will that all the wills made before this date stands revoked and cancelled.

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