Revocation of a Will

What does the revocation of a will mean?

Revocation means to cancel a will. There are a variety of ways to do this. A will can be cancelled by expressly doing so or it can even be possible to cancel a will by implication.

Destroying a will

If a person wants to destroy his will and make another then he must show an intention to entirely revoke the will. If you have a desire to cancel your will then it is advisable to completely destroy it. For example burning it or tearing it up could be reliable methods. If a part of the will were to be found later then this could imply that the destruction of the will was unintentional and as a result the contents of it could still remain to be valid.

Implied Revocation

An implied revocation can occur when a person already has a will but then later writes a new one which is inconsistent with the earlier one. In this situation the more recent will can replace the older one by implication. This normally occurs when the writer of the more recent will does not give any guidance about what he desires to be done with the previous one.

Revocation clause

It is advisable when writing a will to expressly say that the will replaces all former ones and that the new will is the most recent and effective one. This could lead to the avoidance of any confusion if another will was later discovered which was earlier considered to be destroyed.

Circumstances which can revoke a will

Marriage effecting a valid will

It is important to be aware of the fact that if you have previously written a will and then later get married then the entire will written before the marriage will be considered to be invalid.

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For more information on:

  • Divorce effecting a valid will
  • Alteration of part of the will