As the name suggests, when there are two copies of a will, then those wills are called Duplicate Wills. There are two copies of the will although it is considered as a single will. It is very simple to create a duplicate of the will. The testator has to make a second copy of the will and shall sign it and get it attested in the way that he did for the original will as per Section 63 of the Indian Succession Act, 1925. One copy can be kept with the testator and the other might be kept in safe custody somewhere like in a bank locker, with a trustee, the drafting attorney or with the executor. The testator with an intention to protect the execution of the will after his death makes a copy of the will. If the testator destroys the copy of the will that he has in his custody then, that would automatically revoke the other will.
Duplicate wills
are strong and valid proof of the testamentary objectives until the original
will is not on record. Otherwise, the authenticity of the duplicate will
remains questionable[1].
Presumption that the original will stands revoked will prevail in case original
will is not filed with the duplicate copy in petition for probate[2].
[1] MANU/KE/0309/1995: A.S. No. 203 of 1988 Decided On: 27.10.1995: 1995 (2) KLT 862 HIGH COURT OF KERALA
[2] 2017 SCC OnLine Bom 447 : (2017) 4 Bom CR 755:T.S. No.70/2012: T.P.No. 737/2012:HIGH COURT OF BOMBAY