Published on: 30th January 2017

Revocation - what does it mean?

Revocation means to cancel a Will. It means that the Will is no longer legally binding. Revocation may be implied or expressed.

Physical destruction will be deemed to revoke an existing Will, but only if the intent to destroy the Will was to revoke the content within it. It is, therefore, advisable that the destruction of a Will is complete in the sense that no trace of the Will can be later found. If parts of a Will are later identified, it may be decided by the Probate Court that the destruction was not implied or intentional and your estate could still be distributed in accordance with this Will.

When writing a new Will, it is advised to clearly state that it should revoke any previous Wills. Wills created by Casey & Associates contain a revocation clause which expressly states that this latest Will revokes all previous Wills. It is also important to consider that creating a new Will in England might also revoke a Will that may have been made in another country. So if you have assets abroad or a Will abroad, a special revocation clause is needed which states that the new English Will does not revoke the Will which relates to the other country.

There are some other circumstances which can cause a Will to be revoked. Marriage and Civil Partnerships will revoke existing Wills; therefore it is important to remember if you have a Will with a partner and subsequently get married you will revoke your Will. There are preventative measures that can be used, so it is important to discuss your Will and your circumstances with a professional.

Divorce will also have an effect on your Will. It will not revoke your existing Will, however, your ex-spouse will be considered to have pre-deceased you. Any gifts, legacies or shares in your residuary estate to your ex-spouse will fail.

Revocation can be a complex area, so if you have any questions we recommend that you consult a professional practitioner. If you need any advice please do not hesitate to book a no-obligation appointment with one of our Consultants. Simply click here to complete our contact form.

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