What If There Are Two Wills?

After your father’s death, you find a will in his safe deposit box. It leaves everything to you and your siblings equally. Then your step-mother produces another will - dated later - that leaves everything to her.

Which will is valid? Does the later one automatically cancel the earlier one? What if they were both registered? What if one seems forged?

Multiple wills create confusion, conflict, and often litigation. Here is what Indian law says about resolving these disputes.

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The Basic Rule: Later Will Revokes Earlier Will

Section 62 of the Indian Succession Act, 1925 establishes the fundamental principle:

“A Will is liable to be revoked or altered by the maker of it at any time when he is competent to dispose of his property by Will.”

The Bombay High Court has explained: “Revocability is the salient feature of a Will.” A person can change their will as many times as they want during their lifetime.

The default rule: When two wills exist, the later valid will takes precedence.

This makes intuitive sense. A will represents a person’s wishes at a specific point in time. If those wishes change, a new will reflects their current intent. The most recent expression of intent should govern.

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Express vs Implied Revocation

A later will can revoke an earlier one in two ways:

Express Revocation

The later will explicitly states that it revokes all previous wills. Standard language:

“I hereby revoke all former Wills and Codicils made by me and declare this to be my Last Will and Testament.”

This is the clearest form of revocation. Courts give effect to such clauses without hesitation.

Implied Revocation

Even without express revocation language, a later will may impliedly revoke an earlier one if:

• The dispositions in the later will are completely inconsistent with the earlier will
• The later will deals with all the same property in a different way
• The testator clearly intended the later will to be their complete testamentary plan

Example of implied revocation:

• First will: “I leave my house to my son Rahul.”
• Second will (no revocation clause): “I leave my house to my daughter Priya.”

The second will impliedly revokes the first regarding the house, because both cannot stand together.

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What If the Wills Cover Different Properties?

Here is where it gets complicated. Two wills can potentially coexist if they deal with different assets.

Example:

• First will: “I leave my Mumbai property to my son.”
• Second will: “I leave my Delhi property to my daughter.”

If the second will has no revocation clause and does not mention the Mumbai property, both wills might operate together - the son gets Mumbai, the daughter gets Delhi.

However, this creates ambiguity. Did the testator intend:

• Both wills to operate together?
• The second will to replace the first entirely?
• Only to add provisions for Delhi without disturbing Mumbai?

Courts will examine the testator’s intent from the language used, circumstances of execution, and surrounding evidence.

Best practice: Every will should either:

1. Explicitly state it revokes all prior wills, OR
2. Explicitly state it is supplemental to a specific prior will

Never leave this to interpretation.

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The Crucial Question: Proving Which Will Is Later

When two wills appear, the date becomes critical. But what if:

• One will is undated?
• Both have dates but one seems tampered with?
• Witnesses contradict the dates?

Dating Requirements

A will does not legally require a date to be valid. However:

• An undated will is harder to prove as later
• Courts may look at extrinsic evidence (witness testimony, paper age, ink analysis)
• A dated will is presumed to have been executed on that date unless proved otherwise

Proving Date of Execution

Evidence courts consider:

• Witness testimony: When did witnesses sign? What do they remember?
• Internal references: Does the will mention events that allow dating?
• Document examination: Forensic analysis of paper, ink, handwriting
• Registration records: If registered, the Sub-Registrar records the date
• Circumstantial evidence: Testator’s health, relationships, circumstances at the time

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Registered vs Unregistered Wills

A common misconception: a registered will trumps an unregistered one.

This is false.

Registration of a will is optional under Indian law. A later unregistered will can absolutely revoke an earlier registered will, as long as:

• The later will is validly executed (signed by testator, attested by two witnesses)
• The testator had capacity to make the will
• The will is proved to be genuinely later

Registration provides:

• Evidence that the will was executed on a specific date
• An official copy if the original is lost
• Reduced likelihood of forgery claims

But registration does not give a will superior legal status.

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Section 70: Methods of Revocation

The Indian Succession Act specifies three ways a will can be revoked:

1. By Another Will or Codicil

A later will (which disposes of property) or codicil (which amends a will) that expressly or impliedly revokes the earlier will.

2. By Written Declaration

A written document declaring an intention to revoke the will, executed with the same formalities as an unprivileged will (signed by testator, attested by two witnesses).

This allows revocation without making a new will - the person can die intestate by choice.

3. By Physical Destruction

“By burning, tearing, or otherwise destroying the same by the testator or by some person in his presence and by his direction with the intention of revoking the same.”

Key elements:

• Physical destruction (burning, tearing, shredding)
• By the testator or under their direction
• With the intention to revoke

Accidental destruction does not revoke a will. If a will is accidentally burned in a fire, it can still be proved through secondary evidence.

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An Invalid Will Cannot Revoke

Critical principle: an invalid will cannot revoke an earlier valid will.

Example:

• First will (2020): Valid, properly executed
• Second will (2023): Contains forgery, or testator lacked capacity, or execution was improper

If the second will is proven invalid, it has no legal effect. The first will remains operative as if the second never existed.

This is why will contests often focus on validity of the later will rather than its terms. If you can prove the later will is invalid, the earlier will you prefer might take effect.

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What Courts Look For

When adjudicating between multiple wills, courts examine:

1. Execution

Was each will properly executed under Section 63?

• Signed by the testator
• Signature made or acknowledged in the presence of two witnesses
• Both witnesses attested the will in the testator’s presence

2. Testamentary Capacity

Did the testator have mental capacity when executing each will?

• Did they understand they were making a will?
• Did they understand the nature and extent of their property?
• Did they understand who had claims on their estate?
• Were they free from delusions that affected the will?

3. Free Will

Was the testator free from:

• Undue influence
• Coercion
• Fraud

4. Suspicious Circumstances

Courts are particularly vigilant when:

• The beneficiary was involved in preparing the will
• The testator was elderly, ill, or dependent
• The will dramatically departs from previous testamentary plans
• The testator was isolated from other family members

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Avoiding the Two-Wills Problem

When Making a Will

1. Always include a revocation clause: “I hereby revoke all former Wills and Codicils made by me.”

2. Always date the will: Include the full date of execution prominently.

3. Destroy old wills: Once a new will is executed, physically destroy all copies of the old will.

4. Inform relevant people: Let your executor and key beneficiaries know the current will’s location and that prior wills no longer exist.

5. Keep records: Maintain a log of all wills made, with dates and current status (revoked/destroyed/current).

If You Have Multiple Wills

Some people legitimately maintain multiple wills - for example:

• Separate wills for assets in different countries
• A will for business assets and a will for personal assets

If you do this:

• Each will should explicitly state it applies ONLY to specific assets
• Each will should state it does not revoke wills covering other assets
• Consult a lawyer to ensure there is no conflict

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When Multiple Wills Lead to Litigation

If you are facing a dispute over multiple wills:

Evidence to Gather

• All versions of wills in existence
• Execution documents (witness statements, lawyer records)
• Registration records (if any)
• Medical records near execution dates
• Correspondence mentioning the wills
• Testimony from witnesses, family, caregivers

Court Process

1. Probate petition filed for the will you believe is valid
2. Caveat or objection filed by parties supporting other wills
3. Evidence presented on validity, date, capacity, undue influence
4. Trial on contested issues
5. Judgment determining which will (if any) governs

This process takes 2-5 years and can cost lakhs in legal fees. The uncertainty damages family relationships.

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The Bottom Line

Situation	Which Will Governs?
Two wills, later one has revocation clause	Later will only
Two wills, later one inconsistent with earlier	Later will only
Two wills, covering different assets, no revocation clause	Potentially both (but risky)
Later will is invalid	Earlier will governs
Both wills invalid	Intestate succession
Undated wills, cannot determine which is later	Court decides based on evidence

The key principle: A will speaks from death, not from execution. The testator’s most recent valid expression of intent governs their estate.