Revocation, alteration and revival of a will, Financial Accounting

Revocation, alteration and revival of a will

1. A will may be revoked or altered by the maker of it at any time when he is competent to dispose of his free property by will.  (A will is said to be ambulatory).

2. A will is revoked by the later marriage of the maker, unless the will is expressed to be made in contemplation of marriage with a specific person (and the subsequent marriage is to that person).

3. A will or codicil, or any part of it, can be revoked only by making another will or codicil declaring an intention to revoke it, or by burning, tearing or otherwise destroying the will with the intention of revoking it by the testator, or some other person at his direction, or by subsequent marriage as in (ii) above.

4. A written will can never be revoked by an oral will.

5. No obliteration, interlineation or other alteration made in a written will after the execution of it (signed by the testator and witnesses) shall have any effect unless the alteration is signed and attested as required for a will.  If a will is so altered, then the will is deemed to be duly executed if the signature of the testator and the subscription of the witnesses is made in the margin or on another part of the will opposite or near to the alteration, or is referred to in a memorandum written at the end or some other part of the will and is so signed and attested.

6. Where a typewritten or printed will purports to have been executed by the filling in of any blank spaces, there shall be a presumption that the will has been duly executed.

A will which has been wholly revoked in any manner cannot be revived except by re—executing the will.  Where any part of the will has been revoked, that part shall not be revived otherwise then the re—execution of that part, or by a subsequent will or codicil showing an intention to revive it.

Posted Date: 12/13/2012 4:21:31 AM | Location : United States

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