You may think that making a Will is a ‘one off’  task; once done then to be forgotten. But in fact there are many reasons why people need – or want –  to make a new Will as their personal or financial circumstances change. Reasons can include the birth of children or grandchildren, divorce, a change to inheritance tax rules or a family fallout.

So, what do you do about your ‘old’ Will if you make a new one?

How can a Will be revoked?

1. By destruction. To be effective, there must be an intention to revoke and an act of destruction. Destruction by someone other than the testator (the person who made the Will) and not carried out in their presence or without their direction, is not an effective revocation. The testator must intend to revoke the Will at the time of the destruction, i.e. it cannot be revoked by accidental destruction, or where it is destroyed under the mistaken belief that is invalid or has already been revoked. The testator must also destroy the original Will and not simply a copy (eg if a solicitor holds the original Will).
2. By marriage or civil partnership—a Will is automatically revoked on the marriage of the testator. That said, an exception to this is when a Will is made to take effect conditional on marriage in the future to a specific person, taking place. Similar provisions apply in relation to civil partnerships.
3. Although divorce or the dissolution of a civil partnership does not revoke a Will, any property or interest left to a former spouse passes as though the former spouse had died on the date on which the marriage or civil partnership was dissolved. The former spouse or civil partner can still apply to court for financial provision from the testator’s estate under the Inheritance (Provision for Family and Dependants) Act 1975.
4. By a later Will or codicil—a later Will normally contains a revocation clause stating that all previous Wills are revoked. If a Will does not contain a revocation clause, then it does not expressly revoke an earlier Will but the second or later Will can revoke the earlier one to the extent that the second Will is inconsistent with the first.
5. By another document—a Will may be revoked by a document that is not a Will or a codicil, provided that the document has complied with the formalities of section 9 of the Wills Act 1837.

When is revocation by destruction a problem?

Although it’s clear that you don’t have to physically destroy it to ‘revoke’ a Will, sometimes people do choose to destroy a Will, and when this happens occasionally there can be a dispute over whether it has in fact been revoked or not.

In 2022, a 92-year-old lady, Carry Keats,  decided to destroy her Will, which left her £800,000 estate to 5 of her cousins. She was in hospital and was upset that her cousins had suggested placing her in a care home.  Carry managed to rip up three quarters of the Will from her hospital bed. Her solicitor was present and gave evidence that Carry was resolute in her wish that she, the solicitor, should finish the task by ripping up the remainder of the Will.

If the destruction was effective, then her estate would pass to Carry’s younger sister, Josephine with whom she reportedly had a ‘love/hate’ relationship.

After Carry’s death, the 5 cousins contended at court that Carry lacked the mental capacity to understand what she was doing, and in the alternative, that her inability to fully destroy the Will meant that it wasn’t validly revoked. On 15 November 2024 the judge ruled that Carry had indeed wished to disinherit her cousins and had sufficiently destroyed the Will.

What are the lessons from the case?

• It’s important to keep your Will under review; is it still fit for purpose?
• Get professional advice about your Will, try not to leave making one to the last minute and avoid family fall outs if you can, as they will potentially lead to a costly dispute after your death.

Sarah Young – Director & Solicitor