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NISM Certifications · NISM-Series-X-B: Investment Adviser (Level 2) · Basics of Estate Planning

Mr. Rajesh Iyer, a Hindu resident of Chennai, executes a will in 2020 and later wishes to change one bequest. Which course of action is legally sound for a will under Indian law?

A will can be revoked or altered at any time during the testator's lifetime so long as he has testamentary capacity. It operates only after death, so beneficiary consent is not required and there is no limit on the number of changes, using a codicil or new will.

  1. AHe must destroy the original and cannot make any new will
  2. BHe can revoke or alter the will at any time during his lifetime while he has testamentary capacityCorrect
  3. CHe can alter it only with the consent of the beneficiaries named
  4. DHe can alter it only once, within five years of making it

Explanation

A will is ambulatory, meaning it takes effect only on the testator's death and can be revoked or altered any number of times during life, provided the testator has sound mind. No beneficiary consent or time limit is required. A codicil or a fresh will can be used.

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