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Revoking your Will – How and when should you do it?

Making a Will is one of the most important steps in securing your estate for the future.

However, circumstances change, and so too might your wishes.

If your current Will no longer reflects what you want, you may need to revoke it and create a new one.

When should you review your Will?

Marriage or civil partnership – Marriage will revoke a Will unless it was written in contemplation of marriage,
Divorce – Divorce removes your ex from benefiting from your Will but does not revoke it entirely.
Life changes – Buying property, having children, or changes in family relationships may require updates.
Changes in law – Tax and inheritance laws change over time, making it necessary to review your Will.

Ways to revoke a Will

When a Will needs to be revoked, there are a number of ways to legally do so.

The most effective way to revoke an old Will is by creating a new one with a revocation clause. This avoids ambiguity and ensures clarity.

Tearing, burning, or shredding your Will can revoke it, but it must be done with intent.

The 2024 case of Carry Keats showed how partial destruction led to a legal battle.

Keats, 92, tore most of her Will on her deathbed, leading to a dispute over her mental capacity and intent.

The court ultimately ruled in favour of revocation, but the case demonstrated the risks of relying solely on destruction.

For certainty, destruction should be witnessed and complete.

Mistakes to avoid

Not creating a new Will – Without a new Will, intestacy laws apply.
Partial destruction – As seen in the Carry Keats case, incomplete revocation can lead to legal disputes.
Failing to notify executors – Executors should be aware of any changes to prevent confusion.
Ignoring legal advice – Professional guidance ensures your Will is correctly revoked and updated.

The safest method is to create a new Will with a clear revocation statement.

This eliminates ambiguity and ensures your estate is distributed as intended.

Need help updating or cancelling your Will? Contact us today for expert advice on Wills and estate planning.

Rachel Blackburn

Head of Wills, Probate and Older Client Services

I joined Mander Hadley’s Wills, Probate and Older Client Services Team in 2018.I specialise in the preparation of Wills, Probate and estate administration, trusts and trust administration and Lasting Powers of Attorney. I also have experience of care fee planning and appeals of Continuing Health Care decisions.

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