‘A’ has made an unprivileged will.  Later, he being entitled to make a privileged will, makes a privileged will. Does it revoke the unprivileged will?

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Answer:

Yes. The unprivileged will gets revoked by the subsequent privileged will.

 

As per Sec. 70 of the Indian Succession Act, 1925, a privileged will or codicil may be revoked by the testator by an unprivileged will or codicil, or by an act expressing his intention to revoke it and observance of such formalities sufficient to give validity to a privileged will or by burning, tearing or destroying the unprivileged will by the  testator, or by some person in his presence and direction, with the intention of revoking such unprivileged will.

 

The facts in illustration (ii) of Sec. 70 are similar to the problem.

Last Updated On February 03, 2018
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