How Do I Revoke My Will?

Note: The following article is part of our Complimentary Articles Series, designed to provide additional insights and detailed information on specific topics within estate planning.

Alongside this article, we suggest exploring our pillar articles for a comprehensive understanding of general legal issues related to estate planning.

• Can I Challenge or Contest a Will?
• I Think a Will is Invalid. What Do I Do?
• What Are the Rules of Intestacy?
• What Makes a Will Legal?
• Can I Change My Will?

INTRODUCTION

Your Will is the most fundamental aspect of your estate plan, guaranteeing that your assets will be dispersed in accordance with your final wishes.

However, life is fluid, and our circumstances are frequently evolving, so you'll likely need to amend or revoke your current Will at some point. Knowing how to revoke your Will properly is essential to ensuring your current wishes are carried out, irrespective of whether they are brought on by a change in circumstances, relationships, finances, or just down to you changing your mind.

This article explains the various ways you can revoke your Will and provides some additional considerations to ensure your loved ones are adequately taken care of in accordance with your wishes.

HOW TO REVOKE A WILL

When you decide to revoke a Will, you effectively cancel it and declare it invalid. A Will can be revoked in a few different ways:

• Making a New Will: Drafting a new Will is the standard procedure for cancelling an existing one. Most Wills begin with a specific clause that expressly nullifies all prior testamentary dispositions and Wills. In this way, your most recent instructions, as laid out in the latest Will, are deemed legally valid.

• Destroying Your Will: Physically destroying a Will with the intention of revoking it is another way to do so. By tearing, burning, shredding, or destroying it in any way, the Will can no longer be used. Destruction should ideally be carried out by the party creating the Will in the first place or, if they're unable to do it themselves, by a third party in their presence or at their direction.

• Marriage or Civil Partnership: Getting married or entering into a civil partnership automatically revokes a Will (unless the Will states that it was drawn up in contemplation of that marriage or civil partnership). This legal clause guarantees that your Estate plan is up to date and reflects your current family status.

WHAT TO CONSIDER WHEN REVOKING A WILL

Before revoking a Wil, you should weigh several other important considerations to ensure that your intentions are clear and legally valid and reflect your new wishes.

• Make Your Intentions Clear: You must demonstrate that you wanted to cancel your Will by ensuring a revocation clause is included in any new Will you draft. When destroying an old Will, have witnesses who can confirm your stated intent.

• Compliance With English Law: Make sure that when revoking your Will, it meets the requirements of English law. In England, the Wills Act 1837 and later case law define the legal requirements for revoking Wills.

• Updating Frequently: You should update your Will any time there's a significant life event, such as a birth, death, marriage, divorce or any significant change in your financial situation. These trigger events can allow you to revoke your old Will and rewrite a new one to reflect your current wishes.

Need to know more?

If you're unsure whether your Will needs to be revoked, feel free to contact us for an initial free no-obligation call, where we'll bring you through some options to secure peace of mind for you and your loved ones.

Book a callback, and we'd be happy to arrange a no-cost, no-obligation discussion with you to lay out the options available.

Alternatively, call us on 01233 659 796.

Or reach out to us here.