Revocation of Wills
Wills and Administration of Estates > Revocation of Wills
What is Revocation of Wills in SQE1?
What Is Revocation of a Will?
Candidates often confuse the effect of marriage (revokes the entire will) with divorce (only removes provisions for the former spouse) on SQE1 — a critical distinction. Revocation is the process by which a will (or part of it) is rendered legally ineffective. A will can be revoked by the testator's own act or automatically by operation of law. Once revoked, the will no longer governs the distribution of the estate - unless it is later revived. The rules are found primarily in the Wills Act 1837, sections 18, 18A, 18B, and 20.
Key Principles for SQE1
Revocation by a later will or codicil (s.20 Wills Act 1837): a will is revoked by a later will or codicil that either expressly revokes it or is inconsistent with it. Revocation by destruction (s.20): the testator must burn, tear, or otherwise destroy the will with the intention of revoking it (animus revocandi). Destruction by another person is valid only if done in the testator's presence and by their direction. Both physical destruction and intention must be present. These principles relate to the broader interpretation of wills and gifts and validity of wills topics, which are part of the wills and administration of estates framework. Revocation by marriage or civil partnership (s.18): marriage or the formation of a civil partnership automatically revokes an existing will, unless the will was made 'in expectation of' that specific marriage or civil partnership (s.18(3)–(4)). Effect of divorce or dissolution (s.18A): divorce or dissolution does not revoke the entire will, but any gift to the former spouse or civil partner takes effect as if the former spouse or civil partner had died on the date the marriage or civil partnership was dissolved. Appointments as executor or trustee are also treated as if they had predeceased.
- Dependent relative revocation (conditional revocation): if the testator revokes a will on the basis of a mistaken belief (e.g., that a new will has been validly executed), the court may hold that the revocation was conditional and therefore ineffective. Revival of a revoked will (s.22): a revoked will can only be revived by re-execution or by a codicil that shows an intention to revive it.
Exam tip
Marriage revokes an entire will unless the will was made in contemplation of that specific marriage — not divorce, which only removes provisions relating to the former spouse. Both destruction and intention are required for revocation by destruction — accidental destruction does not revoke a will. The 'in expectation of marriage' exception under s.18(3) is critical and frequently tested.
How This Appears in SQE1 Questions
SQE1 questions often present a testator who has married, divorced, or destroyed a will and ask about the consequences. This is a classic SQE1 trap. The key trap is confusing the effect of marriage (revokes the entire will) with the effect of divorce (only removes gifts and appointments relating to the former spouse). Questions also test whether destruction without intention is effective (it is not).
Quick Example Scenario
Thomas makes a will leaving everything to his partner, Claire. Six months later, Thomas and Claire marry. Thomas does not make a new will. Thomas dies. What is the position? Marriage automatically revokes an existing will under s.18 of the Wills Act 1837, unless the will was made in expectation of that specific marriage. If Thomas's will did not contain a clause stating it was made in expectation of his marriage to Claire, it has been revoked. Thomas dies intestate, and the intestacy rules will govern the distribution of his estate.
Common Mistakes Students Make
- Confusing the effect of marriage (revokes the whole will) with the effect of divorce (only removes provisions for the former spouse).
- Assuming that accidental destruction revokes a will - both physical destruction and intention to revoke are required.
- Forgetting the 'in expectation of marriage' exception under s.18(3) - if the will was made in contemplation of a specific marriage, it survives.
- Assuming a revoked will can be revived simply by the testator expressing a wish - revival requires re-execution or a codicil.
Quick Summary
- This topic combines statutory knowledge with practical application.
- Master the key principles, understand the statutory framework, and practise applying these rules to realistic client scenarios.
Want to test this now? Try a few SQE1-style questions below before moving on.
Test Yourself
Test yourself
Quick check questions based on this article.
Question 1
Scenario
A woman executes a valid will in January 2022 leaving her entire estate equally between her two adult children from a previous relationship. In March 2022, she begins a relationship with a man she meets through a mutual friend. In September 2022, the woman and the man become engaged. The woman tells her children she plans to marry but does not discuss her will with them. In December 2022, the woman and the man marry in a civil ceremony attended by both families. The woman's estate at the date of marriage comprises a house valued at £350,000, savings of £80,000, and personal chattels. The woman does not make a new will after the marriage. In February 2023, the woman adds her husband as a joint tenant on the house. In June 2023, the woman is diagnosed with a terminal illness. She tells her solicitor that she still wants her children to inherit her savings and personal chattels. The woman has not spoken to her solicitor about the effect of marriage on her January 2022 will. The woman's husband has substantial independent wealth of his own and has told her he does not need any inheritance from her. In August 2023, the woman dies without having made a new will. The house passes to the husband by survivorship.
Which of the following best describes how the woman's savings and personal chattels will be distributed?
Question 2
Scenario
A woman makes a valid will leaving her estate to her three children equally. Five years later she decides she wants to leave her entire estate to her eldest child alone. She tells her friend that she intends to destroy the old will and make a new one. She asks her friend to tear up the will on her behalf. The friend goes to the woman's house the following day while the woman is at work, finds the will in the desk drawer, and tears it into several pieces. The friend disposes of the pieces in the woman's recycling bin. The friend later confirms to the woman by telephone that the will has been destroyed. The woman thanks her friend and says she will make a new will soon. The woman has recently started a new job at a publishing company. Before the woman can make a new will, she is involved in a car accident and dies. She is survived by all three children. No copy of the original will can be located.
Which of the following correctly describes the status of the woman's original will?
Question 3
Scenario
A retired teacher made a valid will in 2018 leaving her entire estate to her two adult children in equal shares. In 2020, the teacher married a retired accountant in a ceremony attended by both children and several close friends. Before the marriage, the teacher discussed her plans with her solicitor but did not execute any new testamentary document. The teacher owned a freehold property valued at approximately £450,000, a portfolio of investments worth £120,000, and a modest collection of antique furniture. The accountant had his own property and separate savings and expressed no interest in the teacher's estate planning. The teacher frequently told friends that she was satisfied with her 2018 will and saw no reason to change it. The teacher told her solicitor in 2021 that she wanted her children to inherit everything, as originally planned. No further legal steps were taken. The teacher died in 2024 without having executed any further will or codicil. Both children now seek to rely on the 2018 will. The accountant has made no claim against the estate.
What is the effect of the teacher's marriage on the 2018 will?
Practice with full exam-style questions
Related Topics
- Validity of Wills for SQE1
- Intestacy for SQE1
- Interpretation of Wills and Gifts for SQE1
- SQE1 Wills and Administration of Estates: Complete Guide
Practise Revocation of Wills Questions for SQE1
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