can registered will in 2014 be cancelled by unregistered will in 2017

can registered will in 2014 be cancelled by new unregistered will in 2016 ?. is codicil written/witnessed similar to existing will (registered) must also be registered ?

Answers (1)

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Any Will can be revoked and/or substituted by the testator any number of times at his prevail. However, all subsequent wills should clearly state that ‘this is the last’ will prior to the date and at the time of the present instrument. The instrument of will can also be registered with the Sub-registrar of Assurances and then the registered will takes precedence over the unregistered will even though the same may have been drawn at a subsequent date and is stated to have revoked all previous wills. Because, a registered will can only be substituted by a registered will.

Probate of will is a legal process in which the court of judicature certifies the authenticity of the will under their court seal and hands it back to the executor. Though it is not mandatory that every will should be probated, it is advisable to do so to ensure that the acts and deeds performed by the executor of the will cannot be challenged at a later date. Thus all actions taken by the executor acquire stamp of legality and can be defended in a court of Law. Courts will not entertain suits pertaining to wills unless the will in question has been probated.

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