Life changes, and sometimes your Will needs to change too. Whether it’s due to new relationships, altered financial circumstances, or a change of heart, revoking a Will is an important step in ensuring your wishes are honoured. But how do you do it properly? And what happens if you don’t?
Let’s take a closer look, including a recent case that highlights the importance of following the correct process.
What Does Revoking a Will Mean?
Revoking a Will means cancelling or making it invalid so it no longer has legal effect. There are a few ways this can be done:
Make a New Will Writing a new Will is the most straightforward way to revoke a previous one. Your new Will should include a clause that revokes all earlier Wills and codicils. Destroying old copies can also help avoid confusion.
Physically Destroy the Will You can revoke a Will by tearing it up, burning it, or otherwise destroying it—but this must be done deliberately and with the clear intention of revoking the document. If someone else destroys the Will on your behalf, it must be done in your presence and at your direction.
Marriage or Civil Partnership In England and Wales, getting married or entering a civil partnership automatically revokes any previous Will, unless it explicitly states it was made in contemplation of the marriage. It's important to note that Divorce does not revoke your Will, though it does revoke any gift and appointment made to your former spouse.
Formal Revocation Document You can create a formal document to revoke your Will. This must be signed and witnessed, just like a Will.
A Cautionary Tale: Revoking a Will on a Deathbed
The recent High Court case of Carry Keats highlights the complexities of will revocation and family disputes over inheritance. Keats, a 92-year-old woman from Wiltshire, dramatically tore up her £800,000 will on her deathbed in January 2022, disinheriting five distant cousins in favour of her younger sister, Josephine Oakley. The cousins contested this, arguing that Keats lacked the capacity to revoke the Will and that her solicitor’s assistance in completing the destruction invalidated the act. However, the court ruled in Oakley’s favour, finding that Keats had a clear intention to revoke the Will, sufficient testamentary capacity during a lucid interval, and had validly authorised her solicitor to assist with the act.
This decision underscores the legal principle that a Will can be revoked through destruction if accompanied by clear intent and proper authority, as outlined in the Wills Act 1837. Keats’ motivations stemmed from a falling out with her cousins, who had proposed placing her in a care home, and the judge found her actions consistent with her wish to exclude them. The case serves as a poignant reminder of the importance of careful estate planning and the value of professional advice to avoid disputes. For more on this case, read the Daily Mail article here.
Why Following the Process Matters
Failing to revoke a Will properly can lead to:
Family Disputes: Uncertainty about which Will is valid can result in stressful and costly legal battles.
Unintended Outcomes: An outdated Will might benefit individuals no longer part of your life or exclude those who are.
Intestacy Issues: If all Wills are invalidated without a replacement, the estate will be distributed according to the rules of intestacy, which may not reflect your wishes.
What Should You Do?
If you’re considering revoking a Will, it’s important to:
Seek Professional Advice: An experienced and qualified estate planner such as Toucan Law can ensure the process is handled correctly and avoid potential legal issues later.
Be Clear and Thorough: If you’re replacing an old Will, destroy all copies of the previous one after the new Will is properly signed and witnessed.
Communicate Your Wishes: Let your executors or family know about any changes to avoid confusion.
Revoking a Will is a straightforward process when done correctly, but it’s essential to follow the legal steps to ensure your intentions are carried out. If you’re unsure or need guidance, contact us for support with Wills and estate planning.
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