Revoking a Will UK: How to Cancel an Existing Will
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Cancelling a will you have previously made is a significant step, and one that the law takes seriously for good reason. The document you are setting aside may have named executors, guardians for children, and beneficiaries who were expecting to inherit.
Getting the revocation wrong can create confusion, disputes, or even leave two conflicting wills in circulation after your death. This guide walks through how revocation works in England and Wales, the three methods recognised by statute, the effect of life events like marriage and divorce, and the practical pitfalls that trip people up.
Whether you are making a fresh will after a relationship change, a house move, or a shift in your financial circumstances, understanding the mechanics helps you act with confidence rather than guesswork.
What this document is
Revoking a will means formally cancelling it so that it no longer has any legal effect on how your estate is dealt with after your death. Once properly revoked, the old will cannot be used to apply for probate, and its instructions carry no weight.
In England and Wales, the rules sit within the Wills Act 1837, which remains the governing statute almost two centuries after it was passed. People choose to revoke a will for all sorts of reasons: they have separated from a partner, remarried, had children, fallen out with a named beneficiary, sold or bought major assets, or simply realised the old wording no longer reflects their wishes.
Revocation can happen deliberately, through a new will or an act of destruction, but it can also happen automatically by operation of law, most commonly when someone gets married or enters a civil partnership. Understanding which situation applies matters, because an accidentally revoked will can leave you effectively intestate, with the statutory rules deciding who inherits instead of you.
How to use this document
- Decide why you are revoking. Before doing anything, be clear on what has changed. Are you updating a few beneficiaries, dealing with a divorce, or rewriting your estate plan entirely? The reason often points to the cleanest method. Small changes can sometimes be handled by a codicil, but substantial changes almost always call for a full new will.
- Draft a new will with an express revocation clause. The most reliable way to revoke is to make a new will that contains a clear statement cancelling all earlier wills and codicils. This clause usually appears near the start of the document. Without it, a later will only overrides the earlier one to the extent the two conflict, which can cause real problems.
- Sign and witness the new will correctly. A new will only takes effect, and therefore only revokes the old one, if it is executed in line with the formalities: signed by you in the presence of two independent witnesses who then sign in your presence. Beneficiaries and their spouses should not act as witnesses, as doing so can void their gift.
- Physically destroy the old will with clear intention. If you choose to revoke by destruction, the Wills Act requires the will to be burned, torn, or otherwise destroyed by you, or by someone in your presence at your direction, with the intention of revoking it. Simply crossing out clauses, scribbling on the document, or throwing a copy in the bin does not count.
- Track down every copy and inform those who need to know. Retrieve any signed copies held by solicitors, will storage services, executors, or family members. Leaving old signed copies in circulation is one of the most common causes of probate disputes. Tell your executors where the new will is stored, and consider registering it with the National Will Register.
Common questions
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Common questions
Q Does getting married automatically revoke my existing will?
Yes, in most cases. Under the Wills Act 1837, marriage or entering a civil partnership automatically revokes any will made beforehand, unless the will was specifically drafted in contemplation of that marriage or civil partnership. If you do not make a new will after the wedding, the intestacy rules will decide who inherits, which may not match what you wanted.
Q What happens to my will if I get divorced?
Divorce does not revoke the whole will, but it does change how it operates. Any gift to your former spouse is treated as if they had died on the date the divorce was finalised, and if they were named as executor, that appointment also falls away. The rest of the will stands. Even so, most people prefer to make a fresh will after divorce to avoid ambiguity.
Q Can I revoke my will just by crossing bits out?
No, not effectively. Crossing out clauses, writing amendments in the margin, or adding notes to a signed will generally has no legal effect unless the changes themselves are signed and witnessed with the same formalities as the original will. If you want to alter your will, use a properly executed codicil or, better, make a new will.
Q What if I destroy my will by accident?
If a will is destroyed without the intention to revoke it, for example lost in a fire or damaged by flooding, it may still be admitted to probate if a copy exists and the circumstances can be proved. The key legal test is intention. Accidental destruction does not count as revocation, but you will need clear evidence to convince the Probate Registry.
Q Is a codicil the same as revoking a will?
No. A codicil amends an existing will rather than cancelling it. It sits alongside the original document and must be signed and witnessed in the same way. Codicils suit small tweaks, such as changing an executor or a specific legacy. For broader changes, making a new will with an express revocation clause is usually cleaner and less likely to cause confusion later.
Q Do I need a solicitor to revoke my will?
There is no legal requirement to use a solicitor, but revocation and will-drafting are areas where small mistakes can have large consequences. If your circumstances involve business interests, blended families, overseas assets, or significant sums, professional help is worth considering. For straightforward situations, the key is making sure the new will is validly executed and the old one is properly dealt with.
Q What should I do with old copies of my revoked will?
Destroy every signed copy you can locate and ask any storage service, solicitor, or executor holding one to return or destroy it. Unsigned drafts are less of a concern, but signed duplicates create real risk because a family member could present one after your death. Keep written confirmation from anyone who has destroyed a copy on your behalf.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.
Sources
This guide is based on primary UK law and official guidance.
- LegislationWills Act 1837 (Section 20 – Revocation)legislation.gov.uk
- Guidance · UK GovMaking a will – gov.ukgov.uk
- Guidance · UK GovApplying for probate – gov.ukgov.uk
Legal helpline
Unsure how to cancel your existing will properly?
Revoking a will the wrong way can leave conflicting documents behind or, worse, leave you effectively without a will at all. An experienced legal adviser can talk through your situation on the phone and help you think through the cleanest way forward based on what you describe.
- A clear explanation of the revocation methods that fit what you describe
- Plain-English answers to your specific questions about marriage, divorce, or updating a will
- Practical perspective on what to do with old copies and who to inform
- What to watch out for before making or destroying a will in your circumstances
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.