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    Revocation of Privileged and Unprivileged Will

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    sidhanshu nain

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    Revocation of Privileged and Unprivileged Will

    Uploaded by

    sidhanshu nain
    9 views2 pages

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    © © All Rights Reserved

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    Copyright:

    © All Rights Reserved
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    Download as pdf or txt
    9 views2 pages

    Revocation of Privileged and Unprivileged Will

    Uploaded by

    sidhanshu nain

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
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    Q Discuss fully the provision of Indian Succession Act regarding revocation of privileged and

    unprivileged will.

    Ans: Revocation of unprivileged will or codicil. Section 70 of Indian Succession Act deals with
    the provision of revocation of unprivileged will of codicil.
    An unprivileged will or codicil with stand revoked by the reason such as marriage or by another
    will or codices or by some other writing declaring an intention to revoke the same and
    executed in the manner in which the unprivileged will is required to be executed or by burning
    tearing or otherwise destroying the same by the testator or by some other person in the
    presence and by his direction with the intention of revoking the same.

    Example: A has made an unprivileged will. Afterwards A makes another unprivileged will
    which purports to revoke the first will. This is revocation.

    1)Revocation by Marriage: According Section 69 of the Indian Succession Act every will be
    revoked by marriage of the testator or by of the maker of the will. However this section does
    not apply to Hindu, Buddhist etc.

    2)By another will or codicil: An unprivileged stands revoked by making another will or codicil.
    The mere fact of making a subsequent testamentary paper does not work as a total revocation
    of the prior will unless the subsequent "will" must expressly or in effect revoke the former
    will. Even if testator calls his will by using the word such as "my last will" or "my last and only
    will" (such words) does not necessarily import a revocation of all previous instrument.

    3) By Some Writing: An unprivileged will is revoked by some writing declaring an intention to


    revoke the same. A codicil will be treated as revoked if the testator has obliterated (eradicated)
    the whole of a codicil including his signature by thick black mark and the foot of it he had
    written the words signed by himself and attested by two witnesses A unprivileged will is also
    considered to be revoked if the testator sends a letter signed by himself and attested by two
    witnesses declaring the destruction of the will.

    4)By fearing burning and otherwise destroying: An amprivileged will is also revoked by
    tearing, burning or otherwise destroying the same by the testator or by some other person
    and by his direction with the intention of revoking the same. A revocation of will consists of
    two elements viz. 1) the intention of the testator, 2) some outward act or symbol of
    destruction.
    Revocation of Privileged will or codicil: Section 72 of Indian Succession Act deals with the
    revocation of privileged will or codicil. A privileged will or codicil may be revoked by the Lator
    by an unprivileged will or codicil or by any act expressing an intention to revoke it and
    accompanied by such formalities as would be sufficient to give validity to a privileged will or
    by the burning. tearing or otherwise destroying the same by the testator or by some other
    person in his presence or by his direction with the intention of revoking the same.

    In other to revocation of privileged will or codicil by an act accompanied by such formality as


    would be sufficient to give validity to a privileged will, it is not necessary that the testator, at
    the [time of doing that act, should be in a situation which entitled him to make the will. This
    section does not apply to Hindu, Buddhist etc.)

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