Revival of revoked Wills

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

  • Revival of revoked Wills
  • Modes of revival
  • Form
  • Destruction
  • Lost Will
  • Intention to revive
  • Confirmation by codicil or revoked Will
  • Revival of codicils and reference to Will by date in reviving codicil
  • Revocation of revoking Will

Revival of revoked Wills

Modes of revival

A testator who has revoked their Will either with or without making a new one may wish to revive the revoked Will. The testator may write out the revoked Will again and execute it in accordance with section 9 of the Wills Act 1837 (WA 1837) 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 of them) 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. Where a Will is re-executed, the fact of re-execution shows that the testator intends to revive it. In the case of a codicil, the statutory requirement that there shall be an intention to revive it must be satisfied.

The required intention need not be expressly stated as 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

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