Can you legally revoke a will?

• Will Disputes

The question ‘can you legally revoke a will’ has been covered extensively by the national media in recent weeks, following the decision of the high court that an elderly lady had validly revoked her will by tearing three-quarters of it and assisting her solicitor to tear through the rest.

The England and Wales High Court passed this decision on 15^th November 2024, following a two-year dispute between the woman’s family members. Carry Keat, 92, passed away before she could execute a new will, and so, with no valid will in place, her estate passed to her sister under the intestacy rules. This was an unusual case because the lady was in the latter stages of her life, there were questions about whether she had the capacity to revoke her will, and she also indicated her approval to her solicitor non-verbally, by nodding her head.

How can you legally revoke a will?

There are several different ways to legally revoke a will. These include:

1. Making a new will that expressly revokes the existing will. The advantage of this option is that the testator will also positively state what they want to happen to their estate, so that the intestacy rules won’t take effect. If the new will does not expressly revoke the previous will, it might only modify the terms of the earlier will, rather than replace it completely. Care also needs to be taken if the testator has a will in another country because a statement that the testator intends to revoke their previous wills would apply to all wills, wherever they have been made.
2. Writing a document setting out the intention to revoke a will. This document must be signed by the testator and witnessed in the same way as a will. If the testator does not make a new will, the intestacy rules would then apply.
3. Burning, tearing or otherwise destroying the will. This must be done by the testator, or someone else at their direction, with the intention of legally revoking the will. This means that a will that has been accidentally destroyed (for example, by someone who was known to be very disorganised) is not revoked. If a will is only partially destroyed, a court may have to consider whether the testator did intend to revoke the entire will or just the parts that had been destroyed.
4. Marriage or civil partnership. Marrying or entering into a civil partnership normally legally revokes a will, even if the testator did not intend this. This is not the case if the will is made in contemplation of the marriage or civil partnership and this intention is set out clearly in the will. Converting a same-sex civil partnership into a marriage does not revoke a will (but, currently, an opposite-sex civil partnership cannot be converted into a marriage). Note, though, that divorce and ending a civil partnership do not revoke a will, but the former spouse or civil partner is treated as having died before the testator. The testator can state that this rule should not apply, if they wish.

As this article demonstrates, this area of the law can be somewhat ambiguous and is often also highly emotive for families and loved ones.

GA Solicitors in Plymouth has a specialist contentious probate team that can help executors, beneficiaries and family members if there is a possible dispute about the validity of a will. This includes whether the will has been legally revoked or amended.

What should you do if you think a will has been revoked?

The first step for anyone who believes that a will has been legally revoked is to collect all the available evidence about how the will was revoked and whether the testator actually intended to revoke it.

This evidence could be written documents or evidence from potential witnesses such as friends and family members. Ultimately, if the parties involved cannot agree that a will has been revoked, an application would have to be made to the high court, for a judge to decide.

If you have any concerns and need support, please contact GA’s will, inheritance and trusts disputes team by calling 01752 203500. You can also email me directly via matthew.ellis@GAsolicitors.com.

You can also view our recent article about reasonable financial provision here.

All content on this website (inclusive of guides, blogs and imagery) is strictly copyrighted by Gill Akaster LLP, trading as GA Solicitors. It is not to be used by any third party without prior contact and permission. Any requests for content should be sent to katy.mckenna@GAsolicitors.com.