When is a Will Revoked?

Cupid’s arrow recently pricked a client of ours who at the age of 61 has just remarried. He rang us to ask whether his new marriage would affect his Will. The answer of course is that it most certainly does. It is appropriate to look at when a Will is revoked by certain actions of the testator, sometimes automatically without the testator realising.

Marriage generally revokes a Will in all States (with modifications in Victoria and Northern Territory) unless the Will is stated to be in contemplation of that marriage.

In Tasmania entering a deed of relationship under the Relationships Act also revokes a Will.

In Victoria and Northern Territory provisions gifting property to the person married are not revoked nor is his or her appointment as executor, trustee or guardian under a Will.

In the event of divorce, legislation in all States and Territories except Western Australia and Tasmania provides that any beneficial gift to or appointment of a former spouse as executor, trustee or guardian contained in the Will are revoked by the divorce.

If a testator divorces they should seriously consider signing a new Will.

Apart from the above, a Will can be revoked:

by executing a later Will which states that the earlier is revoked,
by physically destroying the Will, and
by the testator writing on the Will to the effect that it is revoked.

If a Will is revoked it cannot be revived except by re-execution or by the execution of a confirmatory codicil.