Answer By law4u team
Here’s a detailed explanation of the difference between revocation and amendment of a will: 1. Revocation of a Will Meaning: Revocation refers to cancelling or withdrawing a will entirely, making it completely ineffective. Effect: Once a will is revoked, it loses all legal validity, and the testator (the person who made the will) can either make a new will or leave their property to be distributed according to intestacy laws. How it is done: 1. By creating a new will – a new will that explicitly revokes the previous one automatically cancels the earlier will. 2. By destruction of the will – physically burning, tearing, or otherwise destroying the document with the intention to revoke it. 3. By legal declaration – stating in writing that the previous will is revoked. Purpose: Revocation is usually done when the testator changes their mind entirely about the distribution of assets. Example: A person made a will leaving all property to their friend but later decides to leave everything to their children. They revoke the old will and create a new one. 2. Amendment of a Will (Codicil) Meaning: Amendment refers to modifying or making changes to an existing will without revoking it entirely. Effect: The original will remains valid except for the parts that are amended. Only the changes introduced take effect. How it is done: 1. Codicil: A legal document called a codicil is used to make additions, deletions, or corrections to the will. 2. Written statement: Clearly specifying which parts of the original will are modified. 3. Execution: The codicil must be signed and witnessed like a will to be valid. Purpose: Amendment is done when the testator wants to update or correct certain aspects of the will without creating a completely new one. Example: A person made a will leaving ₹50,000 to a cousin but later decides to increase it to ₹1,00,000. Instead of making a new will, they amend the existing will through a codicil. 3. Key Differences Between Revocation and Amendment Nature: Revocation cancels the entire will; amendment modifies only specific parts. Effect on Original Will: Revocation makes the original will invalid; amendment keeps it valid with changes. Method: Revocation involves destruction or a new will; amendment uses a codicil or written modification. Purpose: Revocation is done to replace the will completely; amendment is done to update or correct specific provisions. 4. Summary Revocation and amendment are both ways to alter a will, but they differ fundamentally. Revocation eliminates the will entirely, while amendment makes partial changes without affecting the rest of the will. Both require clear intention and proper execution to be legally valid.
