CAN A WILL BE REVOKED IN INDIA?

Yes, a WILL can be revoked in India. There are several ways in which a will can be revoked, including:

1) By executing a new WILL: A testator can revoke a WILL by executing a new WILL that explicitly revokes the old WILL. The new WILL must be executed in the same manner as the old WILL, and it must clearly state that it revokes all prior wills.

2) By destroying the WILL: A testator can also revoke a WILL by destroying it. This can be done by tearing, burning, or otherwise destroying the original document with the intention of revoking it.

3) By written declaration: A testator can also revoke a will by executing a written declaration that clearly states their intention to revoke the WILL. The declaration must be signed by the testator and witnessed by two witnesses.

4) By operation of law: A WILL can also be revoked by operation of law in certain circumstances, such as if the testator gets married after executing the WILL. In such cases, the will is automatically revoked unless it was made in contemplation of marriage.

It is important to note that revoking a WILL does not necessarily mean that a new WILL must be executed. If a testator dies without a valid WILL in place, their assets will be distributed according to the laws of intestacy. Therefore, if a testator wishes to revoke a WILL, it is advisable to execute a new will as soon as possible to ensure that their assets are distributed in accordance with their wishes.

It is also important to ensure that any revocation of a WILL is done in accordance with the legal requirements in India. This includes ensuring that any new will is executed in the same manner as the old WILL, and that any written declarations revoking the WILL are properly witnessed. It is advisable to seek the assistance of a lawyer to ensure that all legal requirements are met and that the revocation is done properly.

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