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Will cancellation is essential or not before executing new one
12-Jun-2023 (In Property Law)
If a person made a new will in which it it is stated that previous will should stand cancelled and the will is registered too..Do we still need to apply for cancellation of previous will separately in sub registrar office.
In law the last existed will is akways considered to be the final will. It is not necessary to cancel the earlier will but in the wisdom of a prudence person if the previous will can be cancelled the same be done otherwise there is no problem with its existence as well.
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Adv. Harshit Jain
Delhi | 100+ Answers
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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.
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.
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 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
As per law, the last and final will of the testator is considered legally tenable. Since, new will has been executed and registered, it is stated in the will that it is last and final will. It will be considered as the final will.
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Adv. Yuganshu Sharma
Delhi | 400+ Answers
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No, the Will later in date will prevail automatically. There is no need of separate cancellation. A person can make any number of Wills, however, the one later in date will only prevail over others and have a binding effect.
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Adv. Deepanshu Garg
Delhi | 100+ Answers
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