Revocation, republication and revival

Revocation

A Will may be revoked through operation of law (involuntary revocation) or by a deliberate act of the testator (voluntary revocation). A Will is revocable by law automatically on:

•
marriage
•
civil partnership

According to section 20 of the Wills Act 1837 (WA 1837) voluntary revocation may be effected by:

'…another Will or codicil executed in manner herein-before required, or by some writing declaring an intention to revoke the same and executed in the manner in which a Will is herein-before required to be executed, or by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.'

Revocation may be presumed to have occurred where the Will is mutilated or lost. Both presumptions are rebuttable by evidence to the contrary.

See Practice Note: Revocation of Wills.

Republication

WA 1837, s 22 permits two methods of republication, either express or constructive. If either method is used, the Will is republished. The effect of republication is mainly to change the

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