Yes, wills can be changed or modified in India. The Indian Succession Act of 1925 allows testators (i.e. those who make a will) to alter or revoke their wills at any point during their lifetime. Here are the main ways in which a will can be changed or modified:
1. Creating a New Will:
The simplest way to modify a will is to create a new one. The new will should contain a clause that revokes all previous wills and codicils (amendments to a will). This ensures that the new document is the one that will be legally recognized after the testator's death.
2. Codicils:
A codicil is a supplementary document that can be used to make specific changes or additions to an existing will without rewriting the entire document. It must be executed with the same formalities as a will, including being signed by the testator and witnessed by at least two (2) witnesses.
3. Implied Revocation:
If a new will is created that is inconsistent with an earlier will, the earlier will is considered to be implicitly revoked to the extent of the inconsistency. This means that the provisions in the new will take precedence over any conflicting provisions in the older will.
4. Physical Act:
A will can also be revoked by physically destroying it, such as by tearing or burning. This act must be done by the testator or by someone else in their presence and at their direction. Simply drawing lines through the will or marking it as "revoked" without properly signing and witnessing the revocation is not sufficient.
Importance of Keeping the Will Updated
It is crucial to review and update a will periodically, especially after significant life events such as marriage, the birth of children, the acquisition of new assets, or changes in relationships. Keeping the will up to date ensures that the testator's current wishes are accurately reflected and reduces the likelihood of disputes among heirs.
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