If you have recently updated your will or are considering doing so, you may be wondering what becomes of any earlier wills you have executed. Alternatively, if you are administering the estate of a deceased relative and have discovered multiple wills, you may be concerned about identifying the correct document and considering whether earlier wills retain any legal effect.

In England and Wales, the legal position is straightforward: a later valid will ordinarily revokes any previous wills. Most professionally drafted wills contain an express revocation clause confirming this intention. However, revocation is only effective if the later will satisfies the formalities prescribed under the Wills Act 1837. Where those requirements are not met, the purported new will may fail, and an earlier will may remain operative - even if it conflicts with the deceased’s recent intentions.
The revocation of a will involves important legal nuances that are worth understanding, particularly if you wish to minimise the risk of future disputes. In practice, uncertainty most often arises where wills have been prepared without professional advice, executed incorrectly or amended informally. Here, the experts at JMW outline how a subsequent valid will overturns any previous testamentary documents, the situations in which an earlier will remains valid despite a person creating a new one, and the potential legal challenges that can arise if someone's current will is legally ambiguous.

Revoking an earlier will by making a new one

A later will may revoke an earlier one in two primary ways: by express revocation or by implication. The most secure and professionally recommended method is by including an explicit "revocation clause" within the new will. A revocation clause is a clear, unambiguous statement, usually near the beginning of the document, that revokes all previous wills and codicils (which are official alterations to a will).

A typical revocation clause might read: “I hereby revoke all former wills and testamentary dispositions made by me.” This clause makes your intentions clear and ensures that the new will is recognised as your final and definitive testament to prevent any potential challenges or disputes that might be caused by the existence of earlier documents.

For revocation to be effective, the latter will must be validly executed. Only once those formalities have been satisfied does the earlier will cease to have legal effect. Careful drafting, valid execution and appropriate document management are essential components of effective testamentary planning. At JMW, our expert solicitors can offer professional guidance on will writing to ensure that the revocation is achieved with certainty. 

Where multiple wills exist, the most recent valid will is the one that takes precedence. If the latest will contains a revocation clause, earlier wills are displaced in their entirety. Once a new will has been validly executed, it is best practice to physically destroy any earlier wills. Retaining multiple original documents without clarification may give rise to uncertainty during the probate process, and in some cases, contentious proceedings.

What happens if there is no revocation clause?

If a new will does not contain a revocation clause, it may still revoke an earlier one by implication. Where the terms of the latter will are entirely inconsistent with those of the earlier will, the law generally presumes that you intended for the later will to replace the former.

However, relying on implied revocation is not recommended. If a new will is only partially inconsistent with an earlier one, the courts may need to interpret how the two documents are read together. In those circumstances, elements of the earlier will could continue to apply, potentially leading to uncertainty and dispute. Including a clear revocation clause prevents that risk by leaving no doubt as to your intention, which is why it remains the preferred and more secure approach. 

Are there situations where an earlier will still applies?

For a new will to successfully revoke a previous one, it must be legally valid. If the new document fails to meet the specific legal requirements, it will be considered invalid, and your earlier will could remain in effect.

Under the Wills Act 1837, the legal requirements for a valid will in England and Wales are:

• The will must be a physical document, either typed or handwritten.
• You (the testator) must sign the will, or have it signed on your behalf, in your presence and by your direction.
• Your signature must be made or acknowledged in the presence of two independent witnesses, both present at the same time. These witnesses must then sign the will in your presence.

On this basis, an earlier will might still apply if the new document wasn’t intended to be a will (for example, if it was a personal letter expressing wishes but without legal effect) or if the new document isn’t valid because it was not executed in line with the formalities outlined above. The new will may also be revoked after it is made, whether intentionally or unintentionally. Such cases would leave no valid will in place or mean that the most recent valid will remains in force.
Beneficiaries (or their spouses/civil partners) acting as a witness would void any gift left to them, which can cause potential disputes to arise. The testator must also be over 18 and have the necessary testamentary capacity (meaning they are of sound mind) when creating the new will. If an individual creates multiple wills but only one has been executed correctly, it will remain legally binding. If none of these documents has been executed correctly, the person will be deemed to have died intestate, and their entire estate will be distributed according to the rules of intestacy.

Is writing a new will the only way to revoke a previous will?

A will does not have an expiry date and may still be perfectly valid even many years after it was made, unless it has been revoked automatically under particular circumstances. Certain significant life events can revoke a will automatically, and in some circumstances, a will may be revoked by deliberately destroying it or by formally declaring an intention to revoke it in accordance with legal requirements. 

The most important question is whether your will still reflects your current wishes, and for this reason, some major changes, life events and actions will automatically revoke an existing will. This could leave you without a valid will in some cases. Circumstances that may revoke your will include:

Marriage or civil partnership

Entering into a marriage or a civil partnership automatically revokes any existing will you have made. This rule is in place to protect your new spouse or civil partner. If you die without making a new will after your marriage, your estate will be distributed according to intestacy rules, which may not align with your wishes.

The only exception is if your existing will was made ‘in contemplation’ of that specific marriage or civil partnership. For this to apply, the will must explicitly state your intention to marry a particular person and that you do not want the will to be revoked by that event. At JMW, our expert solicitors can advise you on the impact of any impending marriage when you are writing the document and include the necessary provisions to ensure it remains valid.

Divorce or dissolution of a civil partnership

Unlike marriage, divorce does not revoke your entire will, but once the divorce or dissolution is finalised, any provisions in your will that benefit your ex-spouse or civil partner are treated as if they no longer apply from the date of the divorce. This means:

• Any gifts left to your ex-spouse will fail.
• Any appointment of your ex-spouse as an executor or trustee is revoked.

The rest of the will remains valid. However, this can create unintended consequences, such as partial intestacy if no alternative beneficiaries were named. It is vital to review your will, and to create a new one, during or after divorce proceedings to reflect your changed circumstances.

Physical destruction with intent

You can also revoke a will by deliberately destroying it with the clear intention of revoking it. This includes acts like tearing, burning, or shredding the original document. Accidental destruction is not sufficient, as the court will need to rule on whether the document remains valid and, as such, there must be a clear intention to revoke. This act can be carried out by you or by someone else in your presence and on your instruction.

Even when a will is not revoked automatically, major life events such as births, deaths, divorce, or changes in your financial assets can make an earlier will outdated. We recommend you review your will every three to five years, and after any major change in your life, to ensure it remains fit for purpose.

If you only want to make small changes to your will, such as changing executors or updating a specific gift, a codicil may be suitable for your purposes. This is a separate document that amends parts of your existing will without revoking it entirely. However, for clarity and consistency, it is often safest to create a new will instead of using codicils, particularly if multiple changes are needed.