How Revoking Your Will Can Affect You | Curtis Parkinson
Destroying your Will

How Revoking Your Will Can Affect You

22 May, 2024 4 minutes reading time


Your Will is a vital document that outlines your wishes for the distribution of your assets after you pass away. But life circumstances change, and what you wanted ten years ago might reflect something other than your current priorities. In such cases, consider revoking or destroying your existing Will.

When Should You Revoke or Destroy Your Will?

There are many reasons why you should revoke your existing Will. These are some of the most common:

1. Change in Family Circumstances: Life changes such as marriage, divorce, the birth of children, or estrangement from beneficiaries can all necessitate changes to your Will. For instance, if you’ve recently divorced and want to remove your ex-spouse as a beneficiary, you may need to revoke your existing Will.

2. Acquisition or Disposal of Assets: Significant changes in your financial situation, such as inheriting property or selling a business, might warrant an update to your Will.

3. Impracticable Existing Will: If you think the terms of your current Will are no longer practical, revoking it becomes necessary.

4. Creating a New Will: A new Will automatically revokes any previous Will, ensuring your latest wishes are met.

How to Revoke Your Will

The Wills Act of 1837 governs how Wills are revoked in the UK. There are three recognised methods:

1. Making a New Will: Drafting a new Will is the most straightforward way to revoke a previous one. A well-drafted new Will typically includes a clause revoking all former Wills. This ensures clarity and avoids confusion. The process involves reviewing your current assets, considering your beneficiaries, and clearly stating your wishes for their distribution.

2. Creating a Codicil: A codicil is a legal document that amends an existing Will without revoking it entirely. However, if the codicil significantly alters the original Will, it might be considered a new Will, revoking the previous one.

3. Physical Destruction: You can revoke your Will by physically destroying it with the intention to do so. This can be done by burning, tearing it into pieces, or shredding it. However, this method carries some risks:

  • The destruction must be intentional. Accidental damage or loss won’t revoke the Will.
  • Having witnesses present during the destruction can help establish your intent if challenged later. These witnesses can attest that you destroyed the Will intentionally and not accidentally, which can be crucial in legal proceedings.
  • If you have multiple Wills, destroying one might not revoke all of them, especially if the others have yet to be explicitly cancelled.

Cautionary Tale – Jones v Tracey & Ors

Is a lost Will revoked?

In Jones v Tracey & Ors, the dispute centred on the estate of the late Mr Turner. After the original document was lost, the validity of his Will was contested. Mr. Jones, named as the primary beneficiary in a copy of the will, asserted its legitimacy.

However, Ms. Cano, Mr. Turner’s sister, argued that the absence of the original Will indicated its revocation, which would result in her inheriting under intestacy laws. The court had to determine whether the presumption of revocation due to the missing Will applied or if the copy held by Mr Jones could be accepted as valid for the distribution of Mr Turner’s estate.

This case is a good example of why not dealing with revoking or destroying a Will, and seeking professional advice can have serious consequences.

Essential Considerations When Revoking or Destroying a Will

Ensuring your intentions are clear when you revoke your Will is crucial. If you opt for destruction, it’s best to do so in the presence of witnesses who can later verify your intent.

While the methods mentioned above are legal, consulting a specialist lawyer ensures you follow the correct procedure and avoid potential complications.

Once you’ve revoked your old Will, ensure your new Will is properly stored in a safe and accessible location. Many people choose to store their original Will with their solicitor. This ensures it is kept safe and means that if the original is lost or destroyed, a copy can be proven in court, which would be much harder if the Will were solely in the client’s possession.

Our Advice

Revoking or destroying a Will is a serious decision.  Understanding your options and the potential implications is crucial. For instance, if you revoke a Will without properly drafting a new one, your estate may be distributed according to intestacy laws, which may not align with your wishes.  While this blog provides a general overview, it’s not a substitute for professional legal advice.

If you’re considering making a Will or revoking your Will, our specialist lawyers have many years of experience advising clients on wills, trusts, and probate matters. Please contact us for further information or advice on this or any other related issue. We’re here to help.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

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