Can revocation invalidate your will? Our free review will give you the answers.

So, can revocation invalidate your will? The simple answer is yes. A will can be revoked in a number of ways, such as by making a subsequent will that expressly revokes the earlier one, or by destroying the original will with the intention of revoking it. If a will has been properly revoked, it will no longer be valid.

The process of revoking a will is governed by the Wills Act 1837, which sets out the legal requirements for revocation. According to the Act, a will can be revoked by:

Destruction: The testator can revoke their will by destroying it with the intention of revoking it. This can be done by burning, tearing, or otherwise destroying the will.

Writing and executing a new will: If the testator writes and executes a new will, the previous will is automatically revoked.

Marriage or civil partnership: If the testator marries or enters into a civil partnership after making their will, their existing will is automatically revoked, unless it was made in contemplation of the marriage or civil partnership.

Divorce or dissolution of civil partnership: If the testator gets divorced or their civil partnership is dissolved, any provisions in their will that relate to their former spouse or civil partner are automatically revoked, unless the will expressly provides otherwise.

Express revocation: The testator can revoke their will by making a written declaration of revocation, which must be executed in the same way as a will.

It is important to note that in order for a revocation to be valid, it must be done with the intention of revoking the will. If the testator destroys their will by accident, for example, it will not be considered revoked. Similarly, if the testator executes a new will without the intention of revoking their previous will, both wills may be considered valid and the court will have to determine how to distribute the assets.

Creating a will is an important step in planning for the future. It allows you to choose how your assets will be distributed, can help to avoid family disputes, reduce estate taxes, name a guardian for your children, and provide peace of mind. But all these benefits will be for nothing if the will has been invalidated.

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