Page 231 - DMGT515_PERSONAL_FINANCIAL_PLANNING

Personal Financial Planning

Notes (i) In case of revocation, the testator should give it in writing that he has made certain
changes or has revoked the will. It must be signed by the testator and attested by
two or more witnesses.
(ii) If the testator wants to revoke the will, he can do so by burning or tearing or
destroying it completely. It must be done with the intention to revoke the will and
mere symbolic destruction is not sufficient like cancellation etc.
(iii) There should be a clause stating that the present will is the last will of the testator
and any will made prior to this would stand revoked.
(iv) The testator cannot revoke the will by just striking it off or scratching it. He must
sign it and have it attested by at least two witnesses.· The essence of a will is that its
revocable nature cannot be lost even by a declaration that it is irrevocable or by
covenant not to revoke it.

2. Alteration in a will: While executing a will, care must be taken that there are no additions
or alterations made in the will and, if made, the testator properly initiates them. Section 71
of the said act provides that no obliteration or other alteration made in any unprivileged
will after execution thereof, shall have any effect except so far as the words or meaning of
the will have been thereby rendered illegal or undiscernibly unless such alteration has
been executed in the like manner as required for the execution of the will. This applies if
the alterations are made after the will is duly executed and attested, if made before the
execution, this section wont apply. It is desirable to get the alterations signed by the
testator. This is a reason for which a form is prescribed by the High Court at Bombay, for
the affidavit required to be made by an attesting witness in support of the petition for
probate with the will annexed, is required to state, that the alterations or erasures made in
the will were made prior or at the time of the execution of the will by the testator.

Registration of a Will

Though the registration of a will is not compulsory, it can be registered with the sub-registrar.
If, at any time, the testator wishes to withdraw the will, he can do so. A will also can be sealed
and kept in safe custody. This will then be released only to the testator himself or, after his death,
to an authorized person who produces the death certificate. It is advisable to leave or make two
copies of the will properly dated etc.

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Execution of a Will

On the death of the testator, an executor of the will or an heir of the deceased testator can apply
for probate. The court will ask the other heirs of the deceased if they have any objections to the
will. If there are no objections, the court will grant probate. A probate is a copy of a will, certified
by the court. A probate is to be treated as conclusive evidence of the genuineness of a will.

Task Prepare a model of a Will.
In case any objections are raised by any of the heirs, a citation has to be served, calling upon
them to consent. This has to be displayed prominently in the court. Thereafter, if no objection is
received, the probate will be granted. It is only after this that the will comes into effect.
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