Attestation, Revocation, Alteration and Revival of Wills | Family Law - CLAT PG PDF Download

Effect of Gift to Attesting Witness

• If an attesting witness or their spouse receives a bequest through a will, the bequest is considered void.
• However, if the witness attests to a codicil and the bequest is in the will, then it is valid.
• This rule does not apply to Hindus, Buddhists, Sikhs, and Jains.

Witness Not Disqualified by Interest or Executor Role

• A person is not disqualified as a witness to prove the execution, validity, or invalidity of a will simply because of their interest in the will or because they are an executor of the will.

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Revocation of Will by Testator's Marriage

• A will is automatically revoked by the marriage of the testator, unless the will was made in exercise of a power of appointment.
• In cases of power of appointment, the property would not pass to the testator's executor, administrator, or heirs in the event of intestacy.

Explanation

• When a person has the authority to decide the distribution of property they do not own, they are said to have the power to appoint that property.

Revocation of Unprivileged Will or Codicil

• A will or codicil can be revoked by marriage, by the creation of another will or codicil, or by a written declaration of intent to revoke.

Illustrations

• (i) A has made an unprivileged will. Later, A creates another unprivileged will that revokes the first. This action constitutes a valid revocation.
• (ii) A has an unprivileged will. Subsequently, A, who is entitled to make a privileged will, creates a privileged will that revokes the unprivileged one. This also constitutes a valid revocation.

Effect of obliteration, interlineations or alteration in unprivileged will

No obliteration, interlineations, or alterations made in an unprivileged will after its execution will have any effect, except in cases where the words or meaning of the will become illegible or indiscernible. Such alterations will be considered valid only if executed in the same manner as required for the execution of the will.

• The will, as altered, shall be deemed duly executed if the signature of the testator and the subscription of the witnesses are placed in the margin or near the alteration, or at the foot or end of the will, or opposite a memorandum referring to the alteration.

Revocation of privileged will or codicil

• A privileged will or codicil can be revoked by the testator through an unprivileged will or codicil, or by any act indicating the intention to revoke it.
• For the revocation of a privileged will or codicil by an act, it is not necessary for the testator to be in a situation that permits the making of a privileged will at the time of the act.

Revival of Unprivileged Will

Key Points

• An unprivileged will or codicil that has been revoked cannot be revived except by re-executing it or through a properly executed codicil indicating the intent to revive.
• If a will or codicil that has been partly revoked and then wholly revoked is revived, the revival will not include parts that were revoked before the entire revocation, unless the will or codicil specifies otherwise.