Revoking a Will

Usually when the terms of a Will are no longer what the Will maker would like, he or she makes a new Will.  The new Will revokes the previous Will.  However there are other ways to revoke a Will set out in Section 11 of the Succession Act 2006.  For example, the Will maker may declare an intention to revoke his or her existing Will in writing.  The document must be executed in the same manner in which a Will is required to be executed under the Succession Act.  Another way is for the Will maker (or some person in his or her presence and at his or her direction) to burn, tearing or otherwise destroy the Will with the intention of revoking it.  Alternatively the Will maker (or some person in his or her presence and at his or her direction) may write on the Will or deal with the Will in such a way that the Court is satisfied from the state of the Will that the Will maker intended to revoke it. 

If you would like to revoke your Will then it is wise to consult your solicitor before doing so.  If the current Will is revoked without a replacement Will being signed, then the law determines who receives the assets of the deceased in the event that he or she fails to make a new Will after revoking the existing Will. It is better to be safe than sorry.

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