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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.
Answers (3)

Answer #1
550 votes
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.
Answer #2
639 votes
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.
Answer #3
813 votes
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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