Revival
Revival

The following Wills & Probate guidance note provides comprehensive and up to date legal information covering:

  • Revival
  • Modes of revival
  • Form
  • Destruction
  • Lost Will
  • Intention to revive
  • Confirmation by codicil or revoked Will
  • Reference to Will by date
  • Revocation of revoking Will

Modes of revival

A testator who has revoked their Will either with or without making a new one may wish to revive that Will. The testator may write out the revoked Will again and execute it in accordance with the Wills Act 1837 (WA 1837), s 9 or take advantage of the provisions of WA 1837, s 22. WA 1837, s 22 limits the testator to reviving a revoked Will or codicil, or any part thereof, by:

  1. re-execution

  2. a duly executed codicil showing an intention to revive the earlier document

Case law makes it clear that no other method of revival exists.

The intention to revive must be shown.

The required intention need not be expressly stated it can be implied from the testator's words.

Every Will re-executed or republished or revived by any codicil shall, for the purposes of WA 1837, be deemed to have been made at the time at which it was so re-executed, republished or revived.

Where a Will or codicil that has been first partly revoked and subsequently wholly revoked is revived, the revival does not extend to the part first revoked, unless an intention to that effect is shown.

A codicil may revive in its altered state a Will or previous codicil to which unattested additions have been made.

Form

No precise form of wording is necessary to

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