Revocation of Wills


Published by a ½Û×ÓÊÓƵ Private Client expert
Practice notes

Revocation of Wills


Published by a ½Û×ÓÊÓƵ Private Client expert

Practice notes

A Will is revocable at any time during the testator's lifetime. A Will may only be revoked by automatic operation of law (involuntary revocation) or by a deliberate act of the testator (voluntary revocation). Apart from these methods, and where there has been an obliteration under section 21 of the Wills Act 1837 (WA 1837), an attempt to revoke the Will by any other method will be ineffective. For example, a Will is not revoked by a presumed intention or a change of circumstances unless the change of circumstances is specified in WA 1837.

Involuntary revocation

A Will is revocable by operation of law on the testator’s:

  1. •

    marriage

  2. •

    Civil partnership

Certain provisions of a Will are revocable by law on:

  1. •

    divorce or nullity of marriage

  2. •

    Dissolution or nullity of civil partnership

Involuntary revocation, or revocation by operation of law, is confined to these circumstances.

For Wills made on or after 1 January 1983, WA 1837, s 18 (as substituted by section 18 of the Administration of Justice Act 1982) provides that a

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United Kingdom
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Key definition:
Civil partnership definition
What does Civil partnership mean?

The legal relationship between two people of the same sex affording them broadly the same rights available to heterosexual couples who choose to marry.

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