Dated: 2024-05-07 16:18:40
I made a will to dispose off my property, I want to cahnge the same, what is the procedure to do it.A person who writes the will, i.e. the testator can change the will whenever he wants it to and in any manner he thinks it fit to do so. Wills act as a voice of the testator and hence can be changed any number of times the testator feels to do so. But the last will made before his death is enforceable. But at the first instance, a registered will holds a better position in court than an unregistered latest will.
The logic behind changing a will is, many a times situations, relations change, while at times there is an increase or decrease in the assets of a person. This is done as to allow him to make the full use of his right to write the will from time to time. This also helps in solving legal tangles which the family might face in later years, if the appropriate action is not taken.
Whenever a new purchase or sell of a property is done, it is advisable to change the will, as it will avoid the confusion.
If you are getting married or divorced, it is also recommended that, you change the will accordingly, so that you can allot/re-allot the share of your property to your spouse.
Codicil to a Will
When the testator intends to make a few changes to the will (like adding, explaining or altering), without changing the entire will, then this can be done by making a codicil to a will. A codicil, like a will, can be altered or revoked at any time.
Alterations
The provision changing or altering the will are mentioned in the sec 71 of the Indian Succession Act. It provides that, the alteration is valid only when, the alterations made are signed by the testator and the witness or is accompanied by the memorandum signed by testator and the witness which is attached with the document, or make any reference to the alterations made therein. If the above mentioned steps are followed, then the alterations made are valid and will be considered a part of will, and if not followed, the alterations will be considered as invalid. The changes should be in the will or attached thereto, and not in a distinct paper.
Things to keep in Minds while making changes:
Mention the previous wills which you have written along with the dates, and also mention that they stand cancelled now. Write that this is the final will, and all other previous wills and codicils to them stand void.
If the previous will is registered then the following wills or codicil should also be registered, so as to avoid any legal challenges over the originality of the will. If possible also mention the reasons for the changes you have made so that there is no problem regarding the will in future.
Hard copies of the previous wills should be destroyed, so as to avoid challenging the latest one in the court of law. Though the old wills don’t hold any value, it is advisable to destroy them.
Krishnaveni Advocate