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