
Revocability is one of the chief characteristics of a valid Will. Revocation is an act of the testator by which he nullifies his/her intension expressed in the Will to be given effect to after his/her death. Section 62 of the Indian Succession Act provides that the Will is liable to be revoked by the maker of it, at any time, when he/she is competent to dispose of his property by Will.
Section 72 lays down the modes by which a privileged Will or codicil can be revoked. They are as follows:
- By writing an unprivileged Will or Codicil;
- By an act expressing an intension to revoke it, accompanied by such formalities as would be sufficient to give validity to a privileged Will
- By burning, tearing or destroying the Will by the testator or by some person in his presence and by his direction with intention to revoke it.
It is not necessary that the testator at the time of revoking the privileged Will should be in a situation which entitles him to make a privileged Will.