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Isc Act

Under the Indian Succession Act, 1925, a testator can revoke a will during their lifetime, as it is considered 'ambulatory' and does not take effect until death. Section 70 outlines methods for revocation, including marriage, execution of a new will, or physical destruction of the original will. The act allows for revocation regardless of whether the will was previously given to someone who has since died.

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2 views1 page

Isc Act

Under the Indian Succession Act, 1925, a testator can revoke a will during their lifetime, as it is considered 'ambulatory' and does not take effect until death. Section 70 outlines methods for revocation, including marriage, execution of a new will, or physical destruction of the original will. The act allows for revocation regardless of whether the will was previously given to someone who has since died.

Uploaded by

graciousgrace191
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ISC ACT .

1925 CANCELATION OF WILL BY TESTOR DURING


HER LIFE TIME

Yes, a testator can cancel a will even if they previously gave it to a person
who has since died, because a will is revocable during the testator's
lifetime. The relevant clause in the Indian Succession Act, 1925 is Section
70, which outlines the specific methods for revoking a will, such as
creating a new one or by its destruction.
Revoking a will under the Indian Succession Act,
1925
 Principle of revocation: A will does not come into effect until the
testator's death, meaning it is "ambulatory" and can be changed or
canceled at any time during their life. The fact that the will was
physically given to someone does not prevent the testator from
revoking it.

 Section 70: This section states that a will or codicil is revoked by:

o Marriage: A new will is revoked by the testator's subsequent


marriage (though this rule does not apply to wills made by
Hindus).

o Execution of another will: A new will, codicil, or a written


declaration of intent to revoke, which is properly executed,
revokes a previous will.

o Destruction: The testator can revoke the will by burning,


tearing, or otherwise destroying it, with the intention to
revoke. This can be done by the testator themselves or by
another person in their presence and under their direction.

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