Succession Act 1965 section 85

Revocation of will

Section 85 sets out the circumstances in which a will is automatically revoked and the methods by which a testator may deliberately revoke a will.

  • A will is automatically revoked when the testator subsequently marries or enters into a civil partnership, unless the will was made in contemplation of that particular marriage or civil partnership.
  • Where civil partners later marry each other, a will made during or in contemplation of the civil partnership is not revoked by the marriage, and any reference to "civil partner" in the will is read as "spouse."
  • Apart from automatic revocation by marriage or civil partnership, a will can only be revoked by a new will or codicil, by a written declaration of revocation executed in the same manner as a will, or by physical destruction.
  • Physical destruction β€” by burning, tearing, or other means β€” must be carried out by the testator personally or by someone acting in the testator's presence and on the testator's direction, with a clear intention to revoke.

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