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Revocation of a will definition

What does Revocation of a will mean? Revocation of a will describes how, in practice, a testator cancels a will (or part of it) so it no longer takes effect on death. The rules are statutory and informed by case law. Across the UK and Ireland, a will is commonly revoked by: a later will or codicil (expressly or by inconsistency); a written declaration executed with will formalities; or physical destruction (burning, tearing or otherwise destroying) by the testator, or in their presence and at their direction, with intent to revoke. Executed alterations (obliterations, interlineations or other alterations) operate as revocations to the extent altered; in England &...

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Voluntary Revocation of Wills under the Wills Act 1837 (England and Wales): Express/Implied Revocation, Written Instruments, Destruction, Capacity, Evidence and Presumptions

Practice notes
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Whether a Will has been validly revoked turns on the testator’s intention and is chiefly a question of fact. As a result, the authorities are fact‑sensitive, though the core principles are set out below. Involuntary revocation is limited to revocation by a later marriage, or to particular provisions that apply on the Dissolution of a marriage or Civil partnership. For guidance on involuntary revocation, see Practice Note: Revocation of Will by marriage or civil partnership.

Modes of voluntary revocation

At law, a Will remains revocable by the testator until death. Revocation cannot be effected in any manner the testator chooses; section 20 of the Wills Act 1837 (WA 1837) prescribes the permitted methods:

  • by a subsequent Will or codicil, duly executed
  • by a written declaration of an intention to revoke the Will, executed with the formalities of a Will
  • by burning, tearing or otherwise destroying the Will, by the testator, or by someone in their presence and at their direction, with the intention of revoking it

Intention to revoke

WA 1837, section 20 requires the testator to intend to revoke the Will. Accordingly, revocation is not established by, for example:

  • mere accidental words
...
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Web page updated on 22/05/2026

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