How to revoke a will

Making a will is one of the most important steps in planning your estate.

But what happens if your wishes change? 

Revoking a will is a common and entirely legal process, but it must be done properly to avoid confusion, will disputes, or unintended consequences. 

Whether you're updating your beneficiaries, reacting to a change in circumstances, or simply replacing an outdated will, it's essential to understand how revocation works.

When can a will be revoked?

A will can be revoked at any time during the person's lifetime, provided they have the mental capacity to do so. The right to revoke a will is absolute and does not require court permission or notice to any of the beneficiaries. However, the method of revocation must comply with the law, or the will may remain valid.

There are four primary ways to revoke a will under English law:

• By making a new will or codicil (An additional legal document used to make changes to an existing will without revoking the entire will)
• By physical destruction with the intent to revoke
• By marriage or civil partnership
• By written declaration (executed like a will)

Making a new will

The most straightforward and legally secure way to revoke an existing will is to execute a new one. Most modern wills begin with a "revocation clause", expressly revoking all previous wills and testamentary dispositions. This ensures clarity and prevents earlier wills from conflicting with the new one.

Even if the new will only addresses a few specific matters, the presence of a clear revocation clause will invalidate previous wills unless the new will is declared to be a codicil or partial amendment.

It is important to store your new will properly and inform your executors of its location. Failing to locate the most recent valid will can lead to outdated or unintended documents being relied upon.

Physical destruction

Under section 20 of the Wills Act 1837, a will can be revoked by destruction, but not just any destruction will do. For the revocation to be legally valid, the destruction must be:

• Deliberate, and
• Carried out by the testator, or by someone else in their presence and at their direction.

Examples of valid destruction include tearing the will into pieces, burning it, or otherwise rendering it unreadable or defaced. However, the courts have emphasised that the testator must intend the destruction to revoke the will. Accidentally damaging or destroying a will, or destroying it without the intention of revoking it, is not sufficient.

Whilst both ripping and burning can revoke a will if done deliberately and with intention, partial destruction (e.g. tearing off a corner) may not be enough. To ensure the revocation is beyond dispute, the entire will should be destroyed.

Revocation by marriage or civil partnership

Marriage or entering into a civil partnership automatically revokes a will unless the will was made in contemplation of that specific marriage or partnership.

This often catches people out. A perfectly valid will made years before a wedding will become invalid as soon as the marriage occurs unless it contains specific wording anticipating the marriage to the same person. If not, the estate could be treated as if the deceased died intestate (without a valid will), which could lead to very different outcomes than the deceased intended.

Express written revocation

A less common but still valid method is to revoke a will via a written declaration. This declaration must be:

• In writing,
• Signed by the testator,
• Witnessed by two independent witnesses (as with any will).

However, simply writing “I revoke my will” on a piece of paper and signing it is not sufficient unless it complies with the formal requirements of the Wills Act. This is one reason why legal advice is crucial when making any changes to testamentary arrangements.

Revocation can also occur by implication. If a later will does not expressly revoke earlier ones but is entirely inconsistent with them, the earlier wills may be considered revoked by implication.

For example, if a new will gives the entire estate to someone different than the earlier will, and there is no mention of the earlier one, the courts may assume the testator intended to revoke the previous will.

However, implied revocation is riskier, as it leaves room for ambiguity and potential litigation. For this reason, an express revocation clause in a new will is always recommended.

Undue influence and revocation

Occasionally, will disputes arise when someone alleges that a will was revoked under undue influence, such as a relative persuading the testator to destroy their will against their better judgment.

English law does not permit revocation through coercion, fraud, or manipulation. If there is evidence that a testator was pressured into revoking a will (whether by destruction or rewriting), the revocation can be challenged.

Proving undue influence is not easy. It requires clear and compelling evidence. But where it is proven, a court may restore the earlier will or declare the revocation invalid.

If you're considering revoking your will or are involved in a dispute over a destroyed or replaced will, we strongly recommend seeking advice from a contentious probate specialist to protect your position.