Report No. 110

VIII. Revocation of Privileged Wills

15.40. Section 72-Revocation of Privileged Wills.-

As to the revocation of a privileged will or codicil, section 72 contains certain provisions. In the main paragraph, it provides as under:-

"72. A privileged will or codicil may be revoked by the testator by an unprivileged will or codicil, or by any act of expressing an intention to revoke it and accompanied by such formalities as would be sufficient to give validity to a privileged will, or by the 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."

The Explanation to the section reads as follows:

"Explanation.-In order to constitute the revocation of a privileged will or codicil by an act accompanied by such formalities as would be sufficient to give validity to a privileged will it is not necessary that the testator should at the time of doing that act be in a situation which entitles him to make a privileged will".

15.41. Recommendation to recast section 72.-

The structure of the section is somewhat complicated and is capable of considerable improvement. It may be useful to simplify the main paragraph by splitting it up into clauses. We recommend that the section should be restructured on the following lines:

Revised section 72

"72. A privileged will or codiel may be revoked by the testator-

(a) by an unprivileged will or codicil, or

(b) by any act expressing an intention to revoke it and accompanied by such formalities as would be sufficient to give validity to a privileged will, or

(c) by the 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."

(Explanation as at present.)