clalcLife is full of changes, marriage, parenthood, divorce, new assets, and each one can prompt a serious rethink of your estate planning. Revoking a Will may seem daunting, but it can be a necessary step to ensure that your wishes reflect your current circumstances.
In this article, we will explain what “revoking a Will” actually means, outline the legal methods by which it can be done in the UK, explore common reasons for revocation, and highlight the practical and legal implications. Finally, we’ll explain how our specialist solicitors can guide you safely through the process and help you prepare a valid, up-to-date will.
What does revoking a Will mean?
In legal terms, “revocation” refers to formally cancelling a legal document so that it is no longer valid. A revoked Will is no longer enforceable, its instructions are revoked, rendering the testator’s (the individual who made the Will) previous wishes void. We explore the various methods of revocation and why someone might choose to revoke their will below.
Common reasons to revoke a Will
Often, Wills are revoked due to significant personal or financial changes in life, which prompt revisions. Common examples include:
Change in marital status (marriage, divorce, separation)
Marriage or divorce can significantly impact testamentary intentions. While marriage currently revokes a Will in the UK, reforms proposed by the Law Commission (May 2025) may change this rule. We will discuss this further later on.
Changes in family composition
Major life events, such as having a child, adopting, or grieving the loss of a loved one, may require adjustments to a will.
Shifts in financial circumstances
Inheritance, property transactions, or starting a business are all valid reasons to reassess and potentially revoke your will.
Updating executors or guardians
You might wish to appoint new executors or guardians, or adjust beneficiaries.
New financial gifts or charitable intentions
Gifts to loved ones, charities, or setting up trusts may prompt the creation of a new, more comprehensive will.
How is a Will revoked in the UK?
In the UK, there are several legally recognised ways in which a testator (the person who made the Will) can revoke their Will. These methods include:
Automatic revocation by marriage or civil partnership
Under current law, entering into a marriage or civil partnership automatically revokes any existing Will, unless that Will was made in contemplation of the marriage. If a Will is revoked in this way and no new Will is made, the estate would be distributed according to the Rules of Intestacy, which may not reflect the testator’s intentions.
We explore this in more detail in our dedicated blog on how getting married affects your will.
In May 2025, the Law Commission announced proposed reforms to modernise this area of law, recommending that marriage should no longer automatically revoke a Will. If these changes are adopted, existing Wills would remain valid after marriage. While this recommendation has not yet been implemented, you can read more about the proposed updates via the Law Commission’s website.
Express Revocation
A Will can be revoked by a formal written declaration, known as an ‘express revocation’. This statement must clearly express the testator’s intention to cancel their previous Will, and must be executed with the same legal formalities required for making a Will, namely, being signed and witnessed correctly.
Creating a new Will
The most common and reliable way to revoke an existing Will is to create a new one. A new Will should include a clause that explicitly revokes all prior Wills and codicils. Once validly executed, the new Will automatically supersedes the previous version.
A codicil is a legally binding amendment to an existing Will. It can be used to make small changes, such as updating executors or making a minor gift, without needing to draft a completely new Will. However, codicils must follow the same formalities as a full Will. If not prepared carefully, a codicil may risk invalidating parts, or even the entirety, of the Will. For this reason, legal advice should always be sought when considering a codicil.
Physical destruction
A Will can also be revoked through physical destruction, for example, by tearing, burning, or otherwise obliterating the document. However, for revocation to be valid, specific conditions must be met:
- The testator must intend to revoke the Will at the time of destruction. Accidental damage is not sufficient.
- The testator must have mental capacity and act voluntarily.
- If a Will is destroyed under the mistaken belief that it is invalid or no longer needed, the revocation may be ineffective.
- If a Will cannot be found after death, it may be presumed to have been destroyed by the testator with the intention of revocation.
- If a Will is discovered in a mutilated state, it may be presumed that the testator destroyed it deliberately.
For more information, refer to HMRC’s Inheritance Tax Manual.
Conditional Revocation
In some cases, a Will may be revoked based on a condition being met. For example, a testator may intend to revoke their Will upon the creation of a new one. The original Will remains valid until the condition (such as the new Will being executed) is fulfilled.
Another example might include a Will that is written in contemplation of a future marriage, where the revocation only takes effect if the marriage actually takes place.
Legal and practical consequences of revoking a Will
Revoking a Will without putting a new one in place can have unintended consequences. If a new Will is not created, the estate may be distributed according to the Rules of Intestacy, which may not reflect the testator’s current wishes.
Disputes may also arise, particularly if:
- The Will was not properly executed or witnessed.
- The testator’s mental capacity is called into question.
- The original Will cannot be found, or there is ambiguity over whether revocation was intended.
- Family members believe they are entitled to inherit under a previous Will or under intestacy rules.
Revocation that is improperly executed or undocumented can lead to time-consuming and costly legal disputes. Ensuring clarity and compliance with legal formalities is therefore essential.
The role of a Solicitor
Revoking a Will is a significant legal step, and it’s essential that it is done correctly. As experienced solicitors, we ensure that all aspects of the revocation process are handled professionally and in accordance with the law. We can:
- Draft a new Will or codicil that complies with legal requirements.
- Advise on the most appropriate method of revocation based on your circumstances.
- Ensure your intentions are clearly recorded and legally valid.
- Minimise the risk of future disputes or confusion.
Whether you’re revoking a Will due to personal changes, updated wishes, or simply reviewing your affairs, seeking legal guidance ensures your intentions are preserved and protected.
To speak with one of our specialist Will and probate solicitors, contact your local Clapham & Collinge office:
Norwich
Tel: 01603 693500
Sheringham
Tel: 01263 823398
North Walsham
Tel: 01692 660230