How to Revoke a Will in the UK (2026)
Updated 13 May 2026 · 8 min read · England & Wales
A will remains valid until you revoke it. Under the Wills Act 1837, there are four ways to revoke a will in England and Wales: physical destruction, a written declaration, a new will, and marriage. Getting any of these wrong can leave an old, unwanted will in force — or result in unintended intestacy.
The four legal methods of revocation
1. Physical destruction (s20 Wills Act 1837)
You — or someone acting on your behalf in your presence and by your direction — can revoke a will by burning, tearing, or otherwise destroying it. Two elements must both be present:
- The act: the document must actually be destroyed or mutilated in a meaningful way (writing “void” across it in ink is not destruction).
- The intention: you must intend to revoke the will at the time of destruction. Accidental destruction — fire, flood, loss — is not revocation.
If you destroy only a copy and the original survives, the will is not revoked. The original must be destroyed. If you instruct someone else to destroy it, they must do so in your physical presence.
2. A later will or codicil (s20 Wills Act 1837)
Making a new will that includes a revocation clause — typically “I revoke all former wills and testamentary documents” — is the most reliable method. The new will must be:
- In writing
- Signed by you (or someone at your direction in your presence)
- Witnessed by two independent adults present at the same time as you sign
Without a revocation clause, a new will may only partially revoke the old one. Courts read both documents together and give effect to the newer will where there is a conflict — but gifts in the old will that are not addressed in the new will may survive. Always include an express revocation clause.
3. A written declaration of revocation (s20 Wills Act 1837)
You can revoke a will by a separate written document that is executed with the same formalities as a will: signed by you and witnessed by two independent witnesses. This is rare in practice — it is usually simpler to make a new will — but it is useful if you want to revoke a will you cannot locate, without yet making a replacement.
4. Marriage (s18 Wills Act 1837)
Marriage automatically and entirely revokes any existing will. This is one of the most dangerous traps in English law: if you made a will before getting married and do not make a new will after the ceremony, your estate will pass under the intestacy rules — not under the terms of your pre-marriage will.
The only exception: a will made in contemplation of a specific marriage and expressed to be so is not revoked by that marriage (s18(3) Wills Act 1837). The will must name or clearly identify the person you intend to marry.
Action point: Always make a new will after getting married or entering a civil partnership.
What does NOT revoke a will
- Separation or divorce proceedings: separation alone has no effect. Divorce (decree absolute / final order) only revokes gifts to the former spouse — not the whole will.
- Writing “cancelled” or “void” across the will: unless the physical paper is destroyed, writing words of revocation on the document is not sufficient.
- Telling someone you want to change your will: oral revocation is not valid.
- Losing mental capacity: a will made while you had capacity remains valid regardless of later incapacity.
- A new codicil that does not contain a revocation clause: a codicil amends; it does not revoke the underlying will.
The effect of divorce on a will
Under s18A Wills Act 1837, when a marriage is dissolved or annulled, the former spouse is treated as having died on the date of the decree absolute (or final order for civil partnerships). This means:
- Any gift to the former spouse lapses.
- Any appointment of the former spouse as executor or trustee lapses.
- The rest of the will remains valid — it does not fail entirely.
The result is often not what you intended. If you left everything to your spouse with no substitute gift, the residue passes under intestacy. Always make a new will after divorce, not just after separation.
Revocation by condition (dependent relative revocation)
English courts recognise a doctrine called dependent relative revocation: if you destroy a will on the mistaken assumption that another valid will or an earlier will will take effect, the destruction may be treated as conditional and ineffective. This is a complex equitable principle that courts apply sparingly — do not rely on it. The safest approach is always to make a clean new will before destroying the old one.
Reviving a revoked will
Under s22 Wills Act 1837, a revoked will can be revived by:
- Re-executing the old will (signing it again with two witnesses), or
- Executing a codicil that expressly shows an intention to revive the old will.
Revival restores the will in the form it existed immediately before revocation — any amendments or codicils made after the original was first executed but before it was revoked are lost unless the revival document specifically refers to them. Simply finding and keeping a revoked document does not revive it.
Practical steps to revoke a will correctly
- Draft and execute a new will that includes a clear revocation clause (“I revoke all former wills and testamentary documents made by me”).
- Physically destroy any copies of the old will — shred or burn them.
- If the original is held by a solicitor or a will storage service, instruct them in writing to destroy it and confirm destruction.
- Tell your executor where the new will is stored.
- Consider registering the new will with the National Will Register (Certainty) so it can be located after your death.
Can someone else revoke your will on your behalf?
Only in limited circumstances. Under s20 Wills Act 1837, a will may be destroyed by another person at the testator’s direction and in the testator’s presence. Both conditions must be satisfied. An attorney under a Lasting Power of Attorney cannot revoke a will on your behalf — LPA authority does not extend to testamentary documents.
Once you lose mental capacity, no one else can revoke your will. The only route is a Statutory Will — an application to the Court of Protection for authority to make or amend a will on behalf of an incapacitated person. This is expensive and time-consuming. It underlines why it is so important to keep your will up to date while you have capacity.
When should you revoke and replace your will?
| Life event | Effect on existing will | Action needed |
|---|---|---|
| Marriage | Entire will revoked automatically | Make a new will immediately |
| Divorce / civil partnership dissolution | Gifts to former spouse lapse; rest survives | Make a new will to avoid partial intestacy |
| Birth of a child | No automatic effect | Update to appoint guardian and set up trust |
| Death of a beneficiary | Gift may lapse; falls into residue | Update to name a substitute |
| Major asset change (property purchase/sale) | No automatic effect | Review and update specific gifts |
| Move abroad | English will remains valid for English assets | Consider a second will for overseas assets |
Frequently asked questions
Does making a new will automatically cancel the old one?
Only if the new will includes a revocation clause — a standard line such as 'I revoke all former wills and codicils'. Without it, both wills may be read together, with the newer document prevailing only on points of conflict. All WillSafe kits include a standard revocation clause, but check any handwritten or DIY document you have made.
Can I revoke a will just by tearing it up?
Yes — physical destruction by the testator (or someone in their presence and by their direction) with the intention to revoke is a valid method under s20 Wills Act 1837. You must both destroy the document AND intend to revoke it. Accidental destruction (fire, flood) is not revocation. If the original is lost and the court cannot rule out accidental loss, it may presume the will was deliberately revoked.
Does divorce revoke a will in the UK?
Partially. Under s18A Wills Act 1837, divorce (or annulment of a marriage) revokes any gift to the former spouse and any appointment of the former spouse as executor — but does NOT revoke the rest of the will. The will continues as if the former spouse had died on the date of the decree absolute. Civil partnership dissolution works the same way. Separation alone has no effect.
Does marriage automatically revoke a will?
Yes — in England and Wales, marriage automatically revokes any existing will in its entirety (s18 Wills Act 1837), unless the will was made 'in contemplation of marriage' to a specific named person and that marriage subsequently takes place. This is one of the most common traps: a will made before marriage is entirely void after the ceremony and the estate passes under intestacy rules. Always make a new will after getting married.
What is a revival of a revoked will?
A will that has been revoked can be 'revived' under s22 Wills Act 1837 by: (1) re-executing the old will with two witnesses, or (2) executing a codicil that clearly shows an intention to revive the old will. Simply finding and keeping a revoked document does not revive it. Revival restores the will in the form it had immediately before revocation — any intermediate changes are lost.
What happens if I cannot find my will after I have revoked it?
If you destroyed the original to revoke it, this is straightforward — the will no longer exists and intestacy applies. If you intended to revoke a will by making a new one but the new will cannot be found, a court may presume you destroyed it with the intention to revoke it — meaning intestacy could apply. To avoid any doubt, always keep the new will in a safe place and tell someone (e.g. your executor) where it is. Consider registering with the National Will Register (Certainty) for a small fee.
Can a codicil revoke only part of a will?
Yes. A codicil is a formal document (signed and witnessed like a will) that amends a specific provision without replacing the whole will. You can use a codicil to delete a gift, change an executor, or update a beneficiary's share. Unlike full revocation, a codicil leaves the rest of the will intact. If the changes are substantial, a completely new will is usually cleaner and less prone to interpretation disputes.
Ready to replace your old will?
WillSafe’s DIY will kit includes a clear revocation clause, step-by-step guidance, and costs a fraction of solicitor fees. Download, complete at home, and sign with two witnesses.
Get the will kit →Related guides
- How to update a will: codicil vs new will
- What is a codicil and when should you use one?
- Does getting married cancel your will?
- How divorce affects your will in the UK
- When should you update your will?