A will is a legal document that outlines how a person’s assets and properties should be distributed after their death. Creating a will is an essential step in estate planning, and it provides peace of mind by ensuring that your wishes are carried out as intended. However, circumstances may change over time, leading to questions about whether a registered will can be cancelled or revoked. In this article, we will explore the legal aspects of cancelling a registered will, while also touching on the basics of creating a will online.
The Basics of Will Creation
Before delving into the cancellation of a registered will, let’s briefly touch upon what is a Will in Basics.
A will typically includes:
- Testator’s Information: The person making the will is known as the testator. The will should start with the testator’s name and relevant identification details.
- Executor: An executor is appointed to carry out the wishes outlined in the will. This individual is responsible for managing the estate and distributing assets as per the instructions in the will.
- Beneficiaries: The will specifies who will receive the assets, properties, or funds from the estate. Beneficiaries can be family members, friends, or charitable organisations.
- Assets: A comprehensive list of assets and properties should be included in the will. This ensures that there is no ambiguity about what is to be distributed.
- Guardianship: If the testator has minor children, the will can also designate guardians to care for them in the event of the testator’s death.
- Witnesses: Most jurisdictions require wills to be witnessed by two or more individuals who are not beneficiaries. Their signatures validate the authenticity of the will.
Once the will is drafted, it should be signed, dated, and, if possible, registered with the appropriate authorities to ensure its legality and validity.
Create a Will Online
In today’s digital age, creating an online will in India has become increasingly popular and accessible. Online will-making platforms provide user-friendly tools that guide individuals through the process of drafting a will, ensuring that it complies with legal requirements in their jurisdiction.
Here are some advantages of creating a will online:
- Convenience: Online platforms allow you to create a will from the comfort of your home, at your own pace.
- Cost-Efficiency: Creating a will online is often more cost-effective than hiring an attorney for the same purpose.
- Accessibility: Your will can be easily updated and accessed online, reducing the risk of misplacement.
- Legal Guidance: Many online will-making services offer legal guidance and templates to help you create a valid will.
Can a Registered Will Be Cancelled?
The short answer is yes, a registered will can be cancelled or revoked under specific circumstances. Here are some common ways in which a registered will can be cancelled:
- Creating a New Will: One of the most straightforward methods to cancel a registered will is by creating a new one. The new will should clearly state that it revokes any previous wills. It’s essential to ensure that the new will is properly executed and meets all legal requirements.
- Written Revocation: A testator can also revoke a will by executing a written revocation document, which must be signed, dated, and witnessed according to local laws.
- Destroying the Will: Physically destroying the will, such as tearing it up or burning it, can serve as a valid revocation method, as long as it is done with the clear intent to cancel the document.
- Marriage or Divorce: Significant life events like marriage or divorce can automatically revoke parts or the entirety of a will, depending on local laws. It’s important to review and update your will after such events to ensure it aligns with your current circumstances.
- Court Order: In certain cases, a court may order the cancellation or revocation of a will if it deems the document to be invalid, fraudulent, or executed under duress.
- Lost Will Declaration: If a registered will is lost or destroyed inadvertently, a court may accept a lost will declaration if there is evidence to support its existence and authenticity.
In conclusion, while a registered will can be cancelled or revoked under specific circumstances, it’s crucial to follow the legal procedures and requirements in your jurisdiction to ensure that the cancellation is valid. Creating a will online is a convenient and cost-effective option for those looking to establish their estate plans, and it can be a valuable tool in the event you need to make updates or revoke an existing will.