Skip to main content
Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 16 November 2015 - onwards
Version 4 of 4

85. Revocation of will.

(1) A will shall be revoked by the subsequent marriage or entry into a civil partnership of the testator, except a will made in contemplation of that marriage or entry into a civil partnership, whether so expressed in the will or not.

(1A) Notwithstanding subsection (1), where the parties to a subsisting civil partnership with each other marry each other, a will made in contemplation of entry into the civil partnership or during the civil partnership by a testator who is a party to the marriage shall not be revoked by that marriage and a reference in the will to the testator's civil partner shall be construed as a reference to the testator's spouse.

(2) Subject to subsection (1), no will, or any part thereof, shall be revoked except by another will or codicil duly executed, or by some writing declaring an intention to revoke it and executed in the manner in which a will is required to be executed, or by the burning, tearing, or destruction of it by the testator, or by some person in his presence and by his direction, with the intention of revoking it.