Revoking a Will: Your Options and Practical Steps

Revoking a will means cancelling it so it no longer governs how your estate is distributed when you die. You might want to revoke a will because your circumstances have changed, you want to leave gifts to different people, or you are marrying, divorcing or remarrying. This guide explains the legal ways a will can be revoked in England and Wales, gives practical examples, and suggests what to do next.

How a will can be revoked

There are several legal routes to revoke a will. The main methods are:

• making a later will or codicil that expressly revokes an earlier will
• revoking the will in writing, executed like a will
• destroying the will with the clear intention of revoking it
• certain life events, such as marriage or civil partnership, which can revoke a previous will

Making another will or a codicil

Under the Wills Act 1837, a later will or a codicil can revoke a previous will either in part or in full. Many wills contain a clear revocation clause, such as wording that cancels all previous wills. If you want to change a small point, a codicil can be used to amend a will without replacing it entirely, but a new will may be clearer for bigger changes. Remember that the new document must comply with the formal witness and signature rules for wills to be valid.

Revocation by marriage or civil partnership

Generally, getting married or entering a civil partnership will revoke any will you made before the marriage or partnership. This rule protects spouses from being accidentally excluded. You can avoid this automatic revocation if the will was made in contemplation of that specific marriage or partnership, and that intention is clearly expressed in the will.

What happens on divorce or dissolution

Divorce or ending a civil partnership does not automatically revoke your will. However, for legal purposes any gifts to your former spouse or partner usually fail, because the law treats them as if they died on the date the marriage or partnership ended. If you want to keep gifts to a former partner, you must update your will after the divorce.

Revoking a will in writing

The Wills Act allows you to revoke a will by executing a written declaration of revocation in the same formal way as making a will. That means the declaration must be signed and witnessed correctly. This route is less common than making a new will, but it can be used if you want to cancel a will without replacing it immediately.

Destroying the will

You can revoke a will by destroying it, for example by burning or tearing it, but there must be a clear intention to revoke. Accidental damage will not necessarily revoke a will. The destruction can be done by you or by someone else acting in your presence and at your direction. Crossing out words or scribbling on the document may not be sufficient to revoke the will, because the courts look for a deliberate act to cancel it.

Practical advice and examples

If you plan to revoke a will or you think a will may have been revoked, follow these practical steps:

1. Make a new will rather than relying on informal destruction. A properly executed new will gives you certainty.
2. Keep the old will or a copy in a safe place until the new will is safely stored and registered if desired. Destroying originals can lead to disputes unless the intention is clear.
3. Tell your executor or solicitor where the current will is kept. Consider registering the will with a wills registry or your solicitor for ease of access.
4. If you are divorcing or marrying, review your will promptly and update it if needed to reflect your wishes.

Example: If you married after making a will and did not state the will was made in contemplation of that marriage, the old will will be revoked. To ensure your wishes are followed, you would need to make a new will after the marriage.

When to get professional help

Will disputes are common if revocation is unclear. If you are unsure whether a will has been validly revoked, or if someone claims you revoked their will, seek legal advice. You can read official guidance on wills at GOV.UK - Wills. If you need to update your affairs more widely, you may also want to consider a lasting power of attorney so someone you trust can make decisions if you cannot, see our lasting power of attorney services below.

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If you need help with trusts or probate after changing a will, we can help you plan or act, see our trusts and probate pages. For a quick chat or personalised advice, please contact us.

If in doubt, always seek professional advice. A simple conversation with a solicitor can prevent expensive disputes and ensure your wishes are followed.