Section 72: Revocation of privileged will or codicil

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 72

Section 72 provides the statutory procedure for the Revocation of Privileged Wills and codicils executed by soldiers, airmen, or mariners in active service.

  • Informal Revocation Capacity: A privileged will may be revoked by the testator in any manner in which an unprivileged will may be revoked, or by an unwritten declaration of intention to revoke made in the presence of two witnesses.
  • Destruction or Burning: Revocation may be effected by burning, tearing, or otherwise destroying the will by the testator or by some person in his presence and by his direction with the intention of revoking it.
  • Loss of Privileged Status: The privileged will is not revoked merely because the testator ceases to be in actual military service or active warfare.
Key Landmark Precedents:
  • In the Estate of Colman (1958) 1 WLR 457: Affirmed that military wills can be revoked informally while the soldier remains in operational conditions, but intent to revoke (animus revocandi) must be clearly established.
  • Re Webber (1958) 1 All ER 502: Held that informal declarations of revocation require unambiguous words of present revocation rather than casual conversational remarks.
Courtroom Practice & Strategic Litigation Guidance:

In military succession disputes, counsel seeking to prove oral revocation of a privileged will under Section 72 must produce two independent military personnel who witnessed the testator's unambiguous oral declaration of revocation during active operations.