Does destroying a Will with intent to revoke it revive the previous Will?

[Falcon]

Jurisdiction

United Kingdom

In England. Does destroying a Will with the intent to revoke it revive the previous Will?

 

[adjusterjack]

Yes.

As long as the original of the previous will exists. Photocopies of the original will may be inadmissible.

It's always best to make a new will that specifically revokes all previous wills.

Just relying on destroying the current will might not work.

 

[Tax Counsel]

In England. Does destroying a Will with the intent to revoke it revive the previous Will?

In the U.S. the answer is that it depends on the applicable state law and all the facts. It is not automatic that previous will becomes effective; it may be that the estate becomes intestate instead. As for how it is handled in the UK, I don't know. UK and US law have a number of similarities in their laws, but they are not the same and I don't know UK law very well. My guess is that Jack doesn't either.

I suggest you ask your question on a forum dedicated to UK law. This one focuses on US law.

 

[Red Kayak]

In England. Does destroying a Will with the intent to revoke it revive the previous Will?

I would think that who is destroying it could be a factor.

But in any case, it is not a sure fire way to revoke a will. Less than 60 seconds with my favorite search engine confirmed that destroying a true copy of a will does not always work. There was specifically a case in Canada illustrating this.

If this is intended as a plot device for a story, go for it.

If you (or someone you know) are tempted to toss someone else's will in a shredder... just don't.

If you want to change your own will back to a previous version, consult a legal professional about the correct way to do so.

 

[Falcon]

If you want to change your own will back to a previous version, consult a legal professional about the correct way to do so.

I've been to two legal professionals (solicitors in the UK) and I got different answers.

One says "yes" and quoted section 20 of the Wills Act 1837.

The other said "no". and said there is some case law (not given) that stated the first paragraph of the (destroyed) revoked Will states "I revoke all previous testamentary dispositions".

I'm open to suggestion on which solicitor is correct

 

[justblue]

If you want to change your own will back to a previous version, consult a legal professional about the correct way to do so.

I've been to two legal professionals (solicitors in the UK) and I got different answers.

One says "yes" and quoted section 20 of the Wills Act 1837.

The other said "no". and said there is some case law (not given) that stated the first paragraph of the (destroyed) revoked Will states "I revoke all previous testamentary dispositions".

I'm open to suggestion on which solicitor is correct

This site is for United States Law.

 

[adjusterjack]

I don't know UK law very well. My guess is that Jack doesn't either.

Oops. Didn't notice the UK thing.

 

[Zigner]

I'm open to suggestion on which solicitor is correct

Talk to a third solicitor.

 

[army judge]

In England. Does destroying a Will with the intent to revoke it revive the previous Will?

These UK solicitors/barristers answer your query, mate.

Lost, Damaged Or Destroyed Wills | Mullis & Peake

https://www.inbrief.co.uk/estate-law/revocation-of-a-will/

The revocation of wills in English and Spanish law | ICR Translations


Cancelling Your Previous Last Will And Testament

Revoking a Will by destroying it

Wills