Can a will be revoked during the testator’s lifetime?
Yes, provided the testator (T) has capacity.
Can revocation be conditional?
Yes, revocation can be absolute or conditional; if conditional, it only takes effect when the condition is met.
Does revoking a will revoke its codicil?
No, revocation of a will does not affect a codicil unless stated.
How can a will be revoked by a later will or codicil?
By executing a new will/codicil that includes an express revocation clause.
If no express revocation clause, what happens?
Inconsistent provisions in the later will/codicil prevail, but earlier will remains unless expressly revoked.
What happens if the later will is lost?
Earlier will remains revoked.
What if later will is void for undue influence?
Previous will remains valid (revocation ineffective).
What conditions must be met for revocation by written intention?
T expresses intention in writing, complies with will formalities, and is not under undue influence.
What is required for revocation by destruction?
Physical destruction (burning, tearing) by T or at T’s direction in T’s presence, with intent to revoke.
Is crossing out enough for destruction?
No, physical destruction required.
Is accidental destruction effective?
No.
If destruction is conditional, when does revocation occur?
Only when the condition is met.
What happens if T destroys will intending later will to be valid, but later will fails?
Original will stands under doctrine of dependent relative revocation (DRR).
What happens if part of the will is destroyed?
Court assesses the extent: Vital parts → total revocation; Minor parts → only that part revoked.
What if a will cannot be found?
Presumption that T destroyed it with intent to revoke (rebuttable if contrary evidence is shown and copy can be proved).
What does s.18 Wills Act 1837 state about marriage?
Marriage automatically revokes any prior will (also applies to civil partnerships).
How can revocation on marriage be prevented?
By making a will in contemplation of marriage to a specific person and stating it will not be revoked by marriage.
What if will is conditional on marriage taking place but marriage does not happen?
The will is void.
Does separation revoke a will?
No.
What is the effect of divorce or dissolution of civil partnership (s.18A Wills Act)?
Will remains valid, but: Spouse treated as predeceased; Legacies to spouse fail; Spouse cannot act as executor or testamentary guardian.
Does divorce affect parental rights?
No, a former spouse retains parental rights if they are the natural/adoptive parent.
What is the effect of a voidable marriage on a will?
It revokes the will, just like a valid marriage.
What is the effect of a void marriage?
It does not revoke a will because it is treated as if the marriage never happened.
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Wills - Validity of Wills and Codicils26
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Wills - Personal Representatives8
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Wills - Alterations and Amendments12
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Wills - Revocation23
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Wills - The Interpretation of Wills24
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Wills - Intestacy20
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Wills - Grant of Representation16
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Wills - Administration of Estates26
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Wills - Claims IPFDA 197518
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Wills - IHT25
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Wills - Income and Capital Gains10
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Wills - Property Passing outside the Estate5
