Definition
Revocation is the legal cancellation of a will, making it void and without legal effect, either through deliberate actions like creating a new will or automatically when you marry or enter a civil partnership.
Understanding revocation matters because marriage automatically cancels your existing will without you needing to take action, and attempting invalid revocation methods can leave you thinking you've cancelled your will when you legally haven't.
What Does Revocation Mean?
Revocation is the legal cancellation of a will, rendering it void and without any legal effect. Under English and Welsh law, Section 20 of the Wills Act 1837 prescribes only three intentional methods of revoking a will: making a new will or codicil, executing a written declaration of revocation, or physically destroying the will. Additionally, Section 18 of the Wills Act 1837 provides for automatic revocation when you marry or enter a civil partnership. Once revoked, your old will has no legal force whatsoever.
The three intentional methods work differently in practice. The most common method involves making a new will that contains a revocation clause stating "I revoke all former wills and testamentary dispositions"—this automatically cancels all previous wills the moment you sign the new one. When James makes a new will in 2024, it includes this revocation clause and his 2018 will is immediately revoked and has no legal effect. The second method, rarely used, involves creating a separate written document declaring your intention to revoke, which must be properly signed and witnessed like a will. The third method is physical destruction—burning, tearing, shredding, or otherwise destroying the will. However, destruction only constitutes valid revocation if two elements are present: the physical destruction AND the clear intention to revoke. Sarah decides to revoke her will by tearing it into pieces with the intention of cancelling it—because both elements exist, the will is validly revoked. Crucially, accidental damage doesn't count as revocation because the intention element is missing. The destruction can be carried out by a third party, but only in the testator's presence and at their direction.
Automatic revocation by marriage is perhaps the most important—and frequently misunderstood—aspect of revocation law. Under Section 18 of the Wills Act 1837, marriage or civil partnership automatically revokes ALL previous wills at the moment of the ceremony. There's an exception if the will was specifically made "in contemplation of marriage" to a named person and states it won't be revoked, but most wills don't meet this test. Emma made a will in 2022 leaving her £280,000 estate to her sister. When she marries David in June 2024, her will is automatically revoked that instant. When Emma dies in September without making a new will, she dies intestate and statutory intestacy rules decide who inherits—David receives the first £270,000 plus half the remaining £10,000, while the other £5,000 goes to Emma's parents. Her sister receives nothing despite Emma's intentions. Divorce has a different effect under the Administration of Justice Act 1982—it doesn't revoke the entire will but treats the former spouse as having died before you, removing gifts to them and their appointment as executor or trustee. The rest of the will remains valid.
Common Questions
"What happens to my will if I get married?"
Your existing will is automatically revoked the moment you marry or enter a civil partnership, unless it was specifically made in contemplation of marrying your partner and states it won't be revoked. If you die without making a new will, you'll die intestate and statutory rules will decide who inherits.
"Can I cancel my will by just tearing it up?"
Yes, you can revoke your will by tearing it up, burning it, or otherwise destroying it—but only if you clearly intend to cancel it. Under Section 20 of the Wills Act 1837, both the physical destruction and the intention to revoke are required. Accidental damage doesn't count as revocation.
"Does getting divorced automatically cancel my will?"
No, divorce doesn't revoke your entire will. Instead, under the Administration of Justice Act 1982, it treats your former spouse as if they died before you, which removes any gifts to them and their appointment as executor or trustee. The rest of your will remains valid, but you should make a new will to ensure it reflects your current wishes.
Common Misconceptions
Myth: "I can cancel my will by writing 'REVOKED' or 'CANCELLED' across it in pen."
Reality: Simply writing on your will or crossing it out is not sufficient to revoke it under UK law. Section 20 of the Wills Act 1837 requires either physical destruction (burning, tearing, shredding), creating a new will with a revocation clause, or executing a formal written declaration of revocation signed and witnessed like a will. Marking or defacing the will without actually destroying it doesn't meet the legal test for revocation.
Myth: "If my will is accidentally damaged or destroyed in a fire or flood, it's automatically revoked and I'll need to start again."
Reality: Accidental destruction does NOT revoke a will. Revocation by destruction requires two elements: the physical destruction AND the intention to revoke. If your will is damaged accidentally without you intending to cancel it, the will remains legally valid. A copy of the will or reconstruction can be admitted to probate. The law requires proof of intent to revoke, not just proof of destruction, protecting people whose wills are lost or damaged accidentally.
Related Terms
Understanding revocation connects to these related concepts:
- Will: Revocation is the legal process of cancelling a will, making it void and without legal effect.
- Marriage: Marriage and civil partnership automatically trigger revocation of all previous wills unless made in contemplation of that marriage.
- Divorce: Divorce treats your former spouse as deceased for will purposes but doesn't revoke the entire will, unlike marriage.
- Codicil: A codicil amends a will without revoking it entirely, though a codicil itself can revoke specific provisions.
- Updating Your Will: Explains when to revoke and replace your will versus making amendments with a codicil.
Related Articles
- Getting Married? Here's What Happens to Your Will: Explains how marriage automatically revokes your existing will and what steps to take before and after your wedding.
- Divorce and Your Will: What You Need to Know: Clarifies the distinction between divorce (partial effect) and marriage (full automatic revocation).
- How to Update Your Will: A Complete Guide: Provides decision-making guidance on when full revocation via new will is preferable to partial amendment via codicil.
- Life Events That Trigger the Need for a New Will: Identifies which life events automatically revoke your will and situations where you should proactively revoke and replace it.
- What Happens When You Die Without a Will (Intestacy): Illustrates the serious consequences of revoking a will without making a new one under statutory intestacy rules.
Need Help with Your Will?
Understanding revocation helps you avoid accidentally cancelling your will through marriage or attempting invalid revocation methods. If you're getting married, divorced, or need to update your will, it's essential to ensure your wishes remain legally documented.
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Legal Disclaimer: This glossary entry provides general information about will revocation under UK law (England and Wales) and does not constitute legal advice. For advice specific to your situation, consult a qualified solicitor. If you have any doubt about whether your will has been validly revoked, or if you're unsure about the legal effect of marriage, divorce, or other life events on your will, seek advice from a solicitor specializing in wills and estate planning.