Validity of a Will – Revoking a Will

Date: Sep 11, 2012
Document Type: Article
HOW CAN A WILL BE REVOKED SO THAT IT IS NO LONGER A VALID WILL

Section 11 of the Succession Act 2006 specifies the manner in which a Will can be revoked.

The whole or part of a Will may only be revoked by:

1.    revocation, whether by Will or other means, authorized by a Court Order under section 16 (in the case of minors) or section 18 (in the case of persons without testamentary capacity)

2.    the testator’s marriage or divorce or the annulment of the testator’s marriage

3.    by a later will

4.    by writing, duly executed as a Will, declaring an intention to revoke an earlier Will.

5.    by the testator or a person in the testator’s presence and at the testator’s direction

(a) burning, tearing or destroying the Will with intention to revoke it
(b) writing on or dealing with the Will in a manner that satisfies the Court from the state of the Will of the testator’s intention to revoke the Will.
 
WHEN CAN A WILL BE REVOKED SO THAT IT IS NO LONGER A VALID WILL

A testator can revoke a Will at any time before death even if the Will is described as irrevocable.

A revocation is not effective where a testator authorizes another person to revoke the testator’s will after the testator’s death.

A change of the testator’s address does not revoke the testator’s Will.

The Registrar of Probate or the Court if application is made to the Court, examines closely all relevant and admissible evidence submitted in support of any application for an order to revoke a Will.

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