Reviving a Revoked Will: s22 Wills Act 1837
A revoked will can be brought back to life — by re-executing it with two witnesses, or by making a codicil that expressly revives it. A will revoked by marriage cannot be revived at all. In most cases, making a new will is the safer option.
Two Ways to Revive a Revoked Will
Method 1: Re-execution
The testator signs the original will again (or acknowledges their signature) in the simultaneous presence of two witnesses who then sign — following the full s9 Wills Act 1837 formalities.
The date of re-execution becomes the new date of the will for probate purposes.
Method 2: Reviving codicil
Execute a codicil that expressly names the earlier will and states it is revived — for example: "I revive my will dated [date] which was revoked by my will dated [later date]."
The codicil must show a clear intention to revive — merely making a codicil is not enough.
Cannot be revived
A will revoked by marriage (s18(1) Wills Act 1837) cannot be revived under s22 — a new will must be made after the marriage.
Frequently Asked Questions
Can you bring back a will that has been revoked?
Yes — under s22 Wills Act 1837, a revoked will can be revived in one of two ways: (1) Re-execution: the testator signs the original will again (or acknowledges their signature in the presence of two witnesses who then attest in the testator's presence) — following the full s9 Wills Act 1837 formalities; (2) Codicil: the testator executes a codicil (a supplementary document added to the will) that shows a clear intention to revive the earlier will. The codicil must expressly refer to the earlier will and state that it is revived. Merely making a codicil to a revoked will does not automatically revive it — the intention to revive must be clear from the codicil's language.
When would someone need to revive a revoked will?
The most common scenario is where a testator made an earlier will (Will A), then made a new will (Will B) which contained a revocation clause (as most wills do) — revoking Will A. If the testator later decides Will B is unsuitable and destroys it (revokes Will B), they might assume Will A comes back into force. It does not — once Will A was revoked by Will B, it stays revoked unless actively revived under s22. The estate would pass under intestacy if Will B is destroyed and Will A has not been revived. The correct action is either to make an entirely new will or to re-execute and revive Will A formally.
Can a will revoked by marriage be revived?
No — a will revoked by marriage (under s18(1) Wills Act 1837) cannot be revived. When marriage revokes a will, the document is entirely destroyed as a testamentary instrument. Section 22 revival only applies to wills revoked by a subsequent will or codicil, or by physical destruction. A will revoked by marriage must be replaced with a completely new will. This is one of the most important reasons why making a new will immediately after marriage is essential — the old will cannot be revived even if the marriage is later dissolved.
What happens if a codicil revives only part of a revoked will?
Section 22 allows revival of part of a will — a codicil can revive the whole revoked will or only specified parts of it. The codicil must make clear which parts are being revived. If it is ambiguous whether the whole will or only part is revived, the court will construe the codicil to determine the testator's intention. This was addressed in Re Stedham [1946]: partial revival must be express and unambiguous. In practice, it is generally safer to make a new will than to use a codicil to revive a revoked will — new wills are cleaner, less prone to construction disputes, and provide an opportunity to update all provisions.
How is revival different from dependent relative revocation?
Revival and dependent relative revocation (DRR) are two distinct doctrines. Revival under s22 is a positive act — the testator deliberately brings a revoked will back into force by re-executing it or making a reviving codicil. Dependent relative revocation is a doctrine of construction: where a testator revokes their will on a mistaken assumption (for example, assuming a new will is valid when it is not), the court may treat the revocation as conditional on the new will taking effect — so if the new will fails, the old will is treated as not having been revoked. DRR is rare and uncertain in English law. Revival is the cleaner, more predictable mechanism for deliberately restoring an earlier will.
Make a New Will Rather Than Reviving an Old One
Revival is complex and prone to dispute. A fresh will is cleaner, more certain, and gives you the chance to review everything. The WillSafe kit from £19.97 for England and Wales.