What happens if there are two conflicting wills?

What the Law Says

The Indian Succession Act, 1925 governs wills across India (except for Muslims, who follow personal law). It sets clear rules for resolving conflicts between multiple wills.

Under Section 70 of the Indian Succession Act, 1925, a will is revoked by the execution of a later will or codicil. This means that if a person makes two wills, the second one — if validly executed — automatically cancels the first, even if it doesn’t explicitly say so.

The law does not require wills to be registered, nor does it mandate probate for all wills. However, probate (a court-certified copy) is compulsory for wills made by Christians, Jews, Parsis, and some Hindus in certain jurisdictions like Chennai, Kolkata, and Mumbai — and strongly advisable in disputes.

If two wills bear the same date, neither automatically revokes the other. In such cases, courts examine evidence of the testator’s intention, consistency, and clarity to determine which document reflects their final wishes.

Statutory Text

A will is revoked by the execution of a later will or codicil.

— Indian Succession Act, 1925, s. 70 — Revocation of wills

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