This blog is part of M2K Advisors’ Succession Planning Series (#14) and focuses on three crucial yet often misunderstood elements of estate planning: Attestation, Alteration, and Revocation of Wills. While drafting a will is a big first step in succession planning, that’s not where it ends. If it’s not properly attested, any changes aren’t legally valid, or if revocation isn’t done correctly — your entire plan could fall apart in court. This post breaks down the legal requirements, best practices, and practical tips to ensure your will actually does what you intend it to do.
Attestation of a Will
The first step after writing a will is getting it attested — and this is where a lot of people get it wrong. Under Indian succession laws, a will must be attested by two or more witnesses. These aren’t just passive signers. Their role is legal, active, and essential.
The law requires that:
- The testator (person making the will) must sign the will in the presence of the witnesses.
- Each witness must also sign the will in the presence of the testator.
- There should be a clear and visible acknowledgment that everyone was present and aware of the act taking place.
This mutual presence is not a formality. It helps prevent disputes over authenticity or claims of fraud after the testator’s death. If these steps are skipped or sloppily done, the entire will can be challenged — and even declared invalid — in court.
Can a beneficiary be a witness?
Yes, technically a beneficiary or executor can be a witness. But this is not ideal. When someone who stands to gain from the will is also a witness, it raises questions of bias and influence. That’s why it’s strongly recommended to choose a neutral witness — someone who doesn’t appear in the will and has no personal stake.
Ideal qualities of a witness
Not everyone makes a good witness. You should choose someone who:
- Is mentally sound and over the age of 18
- Understands the act of witnessing a will
- Is likely to be available in future, especially if legal validation is ever required
- Can confidently stand before a court, if the will is ever contested
Choosing weak or unavailable witnesses now can lead to years of trouble later for your family or estate executor. It’s a simple detail that carries a lot of weight.
So what happens when you want to change something in your will?
People often forget that wills aren’t static documents. Life circumstances change. You may acquire new property, your relationships might evolve, or your priorities might shift. But any changes made to a will must be formally executed. If not, they simply don’t count.
Making direct corrections
You can make direct alterations in your existing will — for example, by striking out a clause or adding a line. But here’s the catch: these changes must be signed in the margin by both the testator and the witnesses. If any of those signatures are missing, the change is invalid.
In practice, this method often causes confusion. That’s why it’s better to avoid scribbling edits directly onto your will.
The better method: Codicil
A codicil is a much cleaner and more reliable way to alter your will.
A codicil is a legal document that modifies the original will. It becomes part of that will once it is properly executed. A codicil cannot stand on its own. It exists only in connection with the original will, and both documents are legally linked.
Here’s what makes codicils a smart choice:
- You can specify exactly what’s being changed, without rewriting the entire will.
- You maintain a clear legal record of every alteration.
- You avoid the risk of informal or incomplete edits being thrown out in court.
Should a codicil be registered?
Yes — while not mandatory, registering the codicil is strongly recommended. A registered codicil adds legal weight and reduces the chance of it being contested later. Just like the original will, it should also include details about the prior wills and reference all previous versions, so there’s a clear succession of modifications.
Timing matters
The testator must be legally competent at the time of alteration. That means mentally sound and capable of understanding the implications of the changes. If this isn’t the case — for example, if the person is unwell or under duress — the changes might be rejected later in court.
To summarise: direct edits are risky, codicils are safer, and clarity is everything. Don’t leave changes to interpretation — formalise and register them properly.
Revocation of a Will
Making a will is one thing. Cancelling it is another. And it can’t be done casually.
Under Indian law, a will or codicil cannot be revoked during the testator’s lifetime unless it follows specific legal methods. Informal gestures like “I don’t want this anymore” don’t count.
Legal ways to revoke a will:
- By marriage
Marriage automatically revokes a will, but there’s a major exception — this rule does not apply to Hindus, Buddhists, Sikhs, or Jains. For them, marriage does not impact the validity of an existing will. - By creating a new will
This is the most common way to revoke an old will. A new will supersedes any previous ones, as long as it’s properly executed. That said, it’s best practice to explicitly state in the new will that all prior wills and codicils are revoked. - By a declaration of revocation
The testator can write a formal declaration stating their intent to cancel the current will. This declaration should be signed and ideally registered. - By destroying the document
A will or codicil can also be revoked by physically destroying it — tearing it, burning it, or otherwise ruining it beyond use. But here’s the detail that matters:- The destruction must be done by the testator or by someone else in the testator’s presence and on their instruction.
- There must be clear intent to revoke it.
Register the revocation
If a new will revokes an old one, or a declaration is used to cancel it, registration adds legal certainty. It makes the revocation traceable and less prone to being disputed. Think of it as putting a legal timestamp on your decision to cancel.
Why All This Matters
It’s not enough to just write a will and assume everything will fall into place. The value of your will lies in how legally sound it is. A single signature missed, an unclear amendment, or an unregistered revocation — any of these could unravel your entire estate plan.
In court, it’s not just about what you meant to do. It’s about what you documented and executed properly.
Let’s recap what you need to do:
- Always have two neutral witnesses when signing your will.
- Never scribble changes directly onto your will unless everyone signs right next to them.
- Use a codicil for any modifications — and register it.
- When making a new will or revoking the old one, state your intention clearly and follow proper legal channels.
- Wherever possible, register everything — the will, the codicils, even the revocation.
Taking these steps now can save your family from stress, confusion, and costly court battles later.
Bonus: Frequently Overlooked Pitfalls
Even with all this information, here are three common mistakes people make:
- Forgetting to destroy old versions
If multiple versions of a will exist, and it’s unclear which one is valid, courts have to sort through them. Always destroy earlier versions once you’ve made a new one — unless instructed otherwise by your lawyer. - Leaving codicils unregistered
Codicils that aren’t registered may be questioned in court. Registration is not mandatory, but it’s highly advisable. - Choosing biased witnesses
Just because someone is trustworthy doesn’t mean they’re a good witness. Avoid choosing family members who benefit from the will.
Final Words
Wills are about clarity, control, and care. But they only serve their purpose when executed, altered, or revoked within the legal framework. This alert from M2K Advisors offers a valuable roadmap for handling your will in a way that’s respected in court, understood by beneficiaries, and protected from unnecessary disputes.
Whether you’re drafting your first will, updating an old one, or planning to revoke it and start fresh — follow the letter of the law. Get the documentation right. Choose your witnesses carefully. And when in doubt, talk to a professional.
