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How to Revoke a Will in the UK: Complete Legal Guide (2026)

· 27 min

Note: The following scenario is fictional and used for illustration.

James made a will when he was 28 naming his then-girlfriend Emma as his sole beneficiary. Fourteen years later, he married Sophie and they had two young children, but he never updated his will. When James died suddenly from a heart attack at 42, his family discovered the devastating truth: because his marriage to Sophie automatically revoked his old will under UK law, James died intestate. Under intestacy rules, Sophie received only £322,000 (the statutory legacy) plus half the remainder, while his children split the other half. The family home had to be sold to settle the estate.

James thought his old will was irrelevant once he married, but he never realized marriage automatically revoked it—leaving his family financially vulnerable despite his intention to protect them. 56% of UK adults are unaware that marriage automatically revokes a will, according to Will Aid's 2024 survey.

This guide explains the 4 legal ways to revoke a will in the UK, when wills are automatically cancelled, and how to avoid costly mistakes when canceling your existing will.

Unless otherwise stated, this article applies to England and Wales. Different rules may apply in Scotland and Northern Ireland. If you live in Scotland or Northern Ireland, consult a solicitor familiar with the law in your jurisdiction.

Table of Contents

Why You Might Need to Revoke a Will

67% of UK adults either don't have a will or have one that's out-of-date, according to research by Royal London and Which?. An outdated will can be worse than no will at all—it can create family conflict, unintended beneficiaries, and legal complications.

You might need to revoke your will when major life changes occur. Marriage or civil partnership automatically revokes your will unless it was made in contemplation of that specific union. Divorce or dissolution only partially revokes your will, removing provisions for your ex-spouse but leaving everything else intact.

Sarah, 39, made a will at 25 that named her sister as guardian for any future children. Now remarried with two daughters, her new husband should be the guardian—not her sister who lives 200 miles away. Her old will no longer reflects her wishes.

David, 51, sold his business for £1.2 million last year. His will from age 35 contains tax planning provisions that are now inadequate for his new financial circumstances. The guardianship arrangements and specific bequests are also outdated.

Other common triggers include new children, additional beneficiaries you want to include, beneficiary deaths, relationship breakdowns with unmarried partners, changed guardianship preferences, or errors and omissions in your existing will. Revoking your old will is the essential first step before making a new one that truly reflects your current circumstances.

What Does 'Revoking a Will' Actually Mean?

Revoking a will means completely canceling its legal validity so it becomes void as if it never existed. Once revoked, the will has no legal effect and cannot control how your estate is distributed.

Under Section 20 of the Wills Act 1837, revocation requires both a physical action and clear intention. You must take one of the legally prescribed actions with the deliberate purpose of canceling the will. Accidental destruction without intent to revoke does not legally cancel a will.

Revocation differs from amendment. A codicil amends specific provisions of your will while keeping the rest intact. Revocation cancels the entire will permanently.

Revocation is permanent—once revoked, a will cannot be "un-revoked" unless you can prove the revocation was accidental. If you revoke your will without making a new one, you die intestate, meaning your estate passes under intestacy rules rather than according to your wishes.

Here's how different actions affect your will:

Action Effect Reversible?
Revoke will Entire will becomes void No (unless proven accidental)
Make codicil Amends specific provisions Yes (by further codicil or new will)
Make new will Automatically revokes previous wills (if express clause included) No

Understanding these distinctions helps you choose the right approach for your situation. If you want to update a few provisions, a codicil might suffice. If you want a fresh start, revocation and a new will is the clearer path.

Under the Wills Act 1837, there are exactly 4 ways to legally revoke a will in England and Wales. Each method has specific legal requirements that must be followed precisely.

Method 1: Make a new will with express revocation clause. This is the most common and safest method. Your new will includes a clause stating "I revoke all former wills and testamentary dispositions," which automatically cancels every previous will you've made.

Method 2: Physically destroy the original will. You can revoke your will by burning, tearing, or otherwise completely destroying the original document with clear intention to revoke. This method is governed by Section 20 of the Wills Act 1837.

Method 3: Execute a written declaration of revocation. You can create a written statement declaring your intention to revoke your will, signed and witnessed exactly like making a will. This method is rarely used because it leaves you intestate.

Method 4: Get married or enter a civil partnership. Under Section 18 of the Wills Act 1837, marriage or civil partnership automatically revokes all previous wills unless the will was specifically made in contemplation of that marriage.

We'll examine each method in detail below, including the legal requirements, common mistakes, and practical guidance for using each approach correctly. Method 1 is recommended for most situations because it simultaneously revokes your old will and creates a new one, avoiding any period of intestacy.

Method 1: Making a New Will (The Safest Way to Revoke)

Making a new will with an express revocation clause is the safest, clearest way to revoke your old will. An express revocation clause is a single sentence that automatically cancels all previous wills and codicils.

The standard revocation clause states: "I hereby revoke all former wills, codicils, and testamentary dispositions made by me and declare this to be my last will." This single sentence in your new will automatically cancels every previous will you've ever made, regardless of when you made them or where they're stored.

Emily, 45, had three different wills from different life stages—one at 25, another at 32, and a third at 38. When she made a new will at 45 with an express revocation clause, all three previous wills were instantly revoked. She didn't need to track them down or destroy them.

The legal effect is immediate and absolute. Your new will with the revocation clause cancels all previous wills the moment you properly execute it. There's no ambiguity about which will controls your estate, no proof issues about whether you intended to revoke the old will, and no risk of dying intestate because your new will takes effect simultaneously.

What if you've lost your old will? If your new will contains an express revocation clause, it doesn't matter—the old will is legally cancelled whether it's ever found or not. The revocation operates automatically by law.

Critical warning: If your new will does NOT include an express revocation clause and contains provisions inconsistent with your old will, both wills may be considered partially valid. This creates ambiguity and potential legal disputes. Always include the revocation clause.

Most online will services, including WUHLD, automatically include the express revocation clause in every will. You don't need to request it or write it yourself—it's built into the standard will template to ensure your old wills are properly cancelled.

This method offers the dual benefit of revoking your outdated will while simultaneously establishing your current wishes. You're never left without a valid will, and there's complete clarity about which document controls your estate.

Method 2: Destroying Your Will Physically

Physical destruction can revoke a will, but only if you follow specific legal requirements. Section 20 of the Wills Act 1837 permits revocation by "burning, tearing or otherwise destroying" the will, but TWO requirements must be met: physical destruction AND clear intention to revoke.

Acceptable methods include burning the will completely, tearing it into pieces, shredding it thoroughly, or otherwise rendering it completely destroyed. The destruction must affect the original will—destroying copies has no legal effect.

Who can destroy your will? You must either destroy it personally or have someone destroy it in your presence and at your direction. If someone destroys your will when you're not present, the destruction is legally invalid even if you requested it.

According to Co-op Legal Services, "Physical destruction is required. Simply striking through the Will with a pen or crossing out wording or writing 'revoked' across the Will is not sufficient."

Thomas crossed out all beneficiaries and wrote "CANCELLED" across his will in red ink. When he died, the court ruled his will was still valid because he didn't physically destroy it—just defaced it. His estate passed under the original will's terms despite his clear intention to cancel it.

Margaret, 68, asked her daughter to burn her will while Margaret was in hospital. The daughter burned it at home that evening. Because Margaret wasn't present when the destruction occurred, it was legally invalid—the will remained in force despite being physically destroyed.

How to destroy your will correctly:

  1. Locate the original will (not copies—destroying copies doesn't revoke the will)
  2. Physically destroy it completely by burning, tearing into small pieces, or shredding
  3. If someone else destroys it, you must be present and direct them to do so
  4. Write a signed statement: "On [date], I [name] deliberately destroyed my will dated [will date] with the intention of revoking it." Keep this statement with your records.
  5. Destroy all copies and digital scans to avoid confusion after your death
  6. If your will was stored with a solicitor, contact them to retrieve the original (most solicitors will not destroy wills on your behalf)

Important warning about accidental destruction: If you accidentally destroy your will without intending to revoke it (for example, in a house fire or during a move), it is NOT legally revoked because you lacked the intention to cancel it. However, proving this can be extremely difficult.

If the original will cannot be produced after your death, UK law presumes you destroyed it with intention to revoke it. Your estate would need strong evidence—copies, witness testimony, proof of fire or loss—to overcome this presumption and prove the destruction was accidental.

Physical destruction leaves you intestate until you make a new will. Use this method only if you understand and accept intestacy consequences as a temporary measure while you prepare a new will.

Method 3: Written Declaration of Revocation

A written declaration of revocation is the least common method but remains legally valid under Section 20 of the Wills Act 1837. This method requires creating a document declaring your intention to revoke your will, executed with the same formalities as making a will—written, signed, and witnessed by two independent witnesses who are present simultaneously.

The declaration might state: "I, [Full Name] of [Address], hereby revoke my will dated [date] and all codicils thereto. Signed: ______ Date: ______ Witness 1: ______ Witness 2: ______"

Robert wanted to revoke his will before a messy divorce was finalized but wasn't ready to make a new will. His solicitor prepared a written declaration of revocation, which Robert signed in front of two witnesses. This legally revoked his will, leaving him intestate until he made a new will six months later.

This method makes sense only in limited situations. You might use a written declaration if you need to urgently revoke a will before a major life event (like divorce finalization), need time to plan your new estate distribution, or want to temporarily revert to intestacy rules while deciding on new beneficiaries.

However, the significant limitation is that you're left without a valid will. If you die before making a new will, your estate passes under intestacy rules which may not reflect your wishes at all.

Critical warning: Dying intestate means your estate distribution is determined by law, not by your choices. Your spouse receives the first £322,000 plus half the remainder if you have children. The other half goes to your children. If you have no spouse or children, your estate passes to parents, siblings, or more distant relatives according to a fixed statutory order.

This method is rarely recommended because it's almost always better to make a new will with an express revocation clause instead. The new will revokes the old one while simultaneously establishing your current wishes, leaving no gap where you're unprotected.

Only use this method if you fully understand and accept intestacy consequences as a temporary measure. Most people should skip this method entirely and proceed directly to making a new will.

Automatic Revocation by Marriage or Civil Partnership

56% of UK adults are unaware that marriage automatically revokes a will, according to Will Aid's 2024 survey. This widespread ignorance leaves countless families unprotected.

Under Section 18 of the Wills Act 1837, marriage or civil partnership automatically revokes all previous wills in England and Wales. The moment you marry, your previous will becomes invalid and you're left intestate unless you make a new will.

The only exception is if your will was specifically made "in contemplation of" that particular marriage. For this exception to apply, your will must have been made expecting to marry a specific named person AND clearly state the intention for the will to remain valid after that marriage. General language like "if I marry" is not sufficient—you must name the specific person you're marrying.

Lisa made a comprehensive will at age 30 leaving everything to her brother. At 35, she married Tom. Because her will didn't state it was made "in contemplation of marriage to Tom," it was automatically revoked the moment they married. When Lisa died at 38 without making a new will, her estate passed under intestacy rules—Tom received £322,000 plus half the remainder (they had no children), and her brother received the other half of the remainder, despite Lisa's original intention to leave him everything.

Civil partnerships have the same effect as marriage. Under the Civil Partnership Act 2004, forming a civil partnership automatically revokes any existing will unless it was made in contemplation of that specific partnership.

What about divorce? Divorce works completely differently. Under Section 18A of the Wills Act 1837, divorce does NOT revoke your entire will—it only removes provisions benefiting your ex-spouse or appointing them as executor. Your former spouse is treated "as if they had died" on the date of divorce. All other provisions remain valid.

After divorcing his wife of 15 years, Michael's will automatically removed her as beneficiary and executor. However, his will still left his estate to "my wife"—which after his remarriage meant his new wife inherited. His guardianship provisions and specific gifts to his children remained unchanged.

Here's how marriage and divorce affect your will differently:

Life Event Effect on Will Legal Basis
Marriage or civil partnership Entire will automatically revoked (unless made in contemplation of that specific marriage) Wills Act 1837, Section 18
Divorce or dissolution Partial revocation only—ex-spouse provisions treated as if they died on divorce date; rest of will remains valid Wills Act 1837, Section 18A
Conversion of civil partnership to marriage (same person) No revocation Marriage (Same Sex Couples) Act 2013, Section 9

One important clarification: converting a civil partnership to marriage with the same person does NOT revoke your will. If you were civil partners and then convert to marriage together, your will remains valid.

Marriage planning warning: If you're getting married, make a new will AFTER the marriage, not before. If you make a will before the wedding and don't include "in contemplation of marriage" language (which requires naming your specific future spouse), the marriage will revoke it. Even with contemplation language, it's clearer and safer to make a fresh will after you marry.

Even though divorce removes your ex-spouse from your will, you should still review and update your entire will after divorce to ensure it reflects your current wishes for all provisions, not just those affecting your former spouse.

Common Mistakes When Revoking a Will

Even legally informed people make critical errors when revoking wills. Here are the seven most common mistakes—and how to avoid them.

Mistake 1: Destroying copies instead of the original. Only destroying the original will revokes it. Destroying copies has no legal effect whatsoever.

Jennifer destroyed her copy of her will, thinking she'd revoked it. When she died, her solicitor produced the original will she'd stored with them 10 years earlier. Because the original was intact, the will was fully valid despite Jennifer's clear intention to revoke it.

Mistake 2: Crossing out or writing "cancelled" without destruction. Writing "cancelled" across your will or crossing out provisions is insufficient for revocation under the Wills Act 1837. The will remains legally valid despite the defacement.

Mistake 3: Assuming divorce revokes entire will. Divorce only removes ex-spouse provisions under Section 18A. The rest of your will remains valid and may not reflect your current wishes.

After his divorce, Paul assumed his entire will was void. He never made a new will. When he died, his will was still legally valid (minus his ex-wife's provisions), leaving his estate to his brother—not his new partner of 8 years or their daughter.

Mistake 4: Making new will without express revocation clause. If your new will doesn't explicitly revoke your old will and the two contain inconsistent provisions, both may be considered partially valid. This creates ambiguity and potential legal disputes.

Mistake 5: Letting someone else destroy will without your presence. Section 20 requires destruction to occur in the testator's presence if done by another person. Destruction by another person when you're not present is legally invalid.

Mistake 6: Not destroying all copies after revocation. Leaving copies of a revoked will creates potential for confusion and disputes after your death. Family may find the copy and assume it's valid.

Mistake 7: Revoking will before making new one. This leaves you intestate with your estate passing under intestacy rules until you make a new will—which may take longer than planned or never happen if you die unexpectedly.

Best practices for revoking a will correctly:

  • Make a new will with an express revocation clause (safest method)
  • If destroying physically, destroy the ORIGINAL in the presence of witnesses
  • Destroy all copies (paper and digital) to avoid confusion
  • Document your intention to revoke in writing
  • Don't leave yourself intestate—have your new will ready before revoking the old one
  • After major life events (marriage, divorce), review and update your will promptly
  • If your will is stored with a solicitor, retrieve the original before destroying it

Following these practices ensures your revocation is legally effective and your estate passes according to your current wishes.

What Happens If You Can't Find Your Original Will?

Under UK law, if your original will cannot be found after your death, there is a rebuttable presumption that you destroyed it with the intention to revoke it. This means the law assumes the will is revoked unless your estate can prove otherwise with clear evidence.

After George died, his family found a photocopy of his will dated 2015 but couldn't locate the original. They knew George stored important documents in his home office, and the will wasn't there. The court presumed George had destroyed the will with intention to revoke it. George's estate passed under intestacy rules, not the 2015 will's terms, despite the family's belief he never intended to revoke it.

The burden of proof falls on your estate to demonstrate the will existed and wasn't intentionally destroyed. Evidence might include copies of the will, witness testimony about where it was stored, proof of storage location (like a solicitor's records), or evidence of accidental loss (fire reports, moving company records).

If your will was stored with a solicitor's firm that has since closed or been subject to Solicitors Regulation Authority (SRA) intervention, contact the SRA intervention archive. The SRA holds over 6 million archived files including wills from intervened firms. Contact them at interventionarchivefile@sra.org.uk or 02476 339250.

If you've lost your will while you're still alive:

  1. Check common storage locations: home safe, filing cabinet, with solicitor
  2. Contact any solicitors you've used in the past—they may have stored it
  3. Check the National Will Register if you registered it
  4. If the will is truly lost, make a new will immediately with an express revocation clause
  5. The new will will revoke the lost will (even if it's later found) and ensure your current wishes are documented

Making a new will with an express revocation clause is always the safest solution when you can't locate your original will. The new will automatically revokes the lost will by operation of law, and you're protected with current estate planning that reflects your wishes.

Don't delay making a new will while searching for a lost original. The new will revokes the old one regardless of whether you ever find it.

How to Revoke Your Will Correctly: Step-by-Step Guide

Choose your revocation method based on your situation:

Scenario A: You're ready to make a new will immediately (RECOMMENDED). Use Method 1: Make a new will with express revocation clause. This is the safest, clearest method with no ambiguity, no proof issues, and no intestacy gap.

Scenario B: You need to revoke urgently but aren't ready for a new will. Use Method 2 (physical destruction) or Method 3 (written declaration). Understand you'll be intestate until you make a new will. Only use if you accept intestacy rules as a temporary measure.

Scenario C: You're getting married soon. Wait until AFTER marriage, then make a new will. Marriage will automatically revoke any pre-marriage will. Making a will before marriage risks automatic revocation unless "in contemplation" language is included, and even then it's clearer to make a fresh will after marriage.

Step-by-step for Method 1 (making new will):

Step 1: Gather your current information—updated beneficiaries, current assets and values, guardian preferences if you have minor children, and executor choices.

Step 2: Create your new will using an online will platform or solicitor. Ensure your new will includes the express revocation clause: "I revoke all former wills and codicils." Complete all sections with your current wishes and review carefully before signing.

Step 3: Execute your new will properly. Sign in the presence of two independent witnesses (not beneficiaries). Witnesses must be present simultaneously and sign in your presence. Keep the original in a safe location.

Step 4: Destroy your old will and copies (optional but recommended). Locate the original old will if accessible and physically destroy it by tearing, burning, or shredding. Destroy all copies (paper and digital). This step is optional because your new will with the revocation clause already revoked the old will, but destroying the old one prevents confusion.

Step 5: Notify relevant parties. Tell your new executor where your new will is stored. If your old will was with a solicitor, request its return and destroy it. Update any will registrations like the National Will Register.

Step-by-step for Method 2 (physical destruction):

Step 1: Locate the original will. Contact your solicitor if stored professionally. Most solicitors will not destroy wills on your behalf—they'll return the original to you.

Step 2: Destroy the original completely by burning, tearing into small pieces, or shredding thoroughly. If someone else does it, you must be present and direct them. Ensure complete destruction, not just defacement.

Step 3: Document your intention. Write a signed statement: "On [date], I [name] intentionally destroyed my will dated [date] with the intention to revoke it." Keep this statement with your important documents to help prove intentional revocation.

Step 4: Destroy all copies—paper copies, digital scans or photos, and email attachments. This prevents confusion after your death.

Step 5: Make a new will as soon as possible. Remember you're now intestate. Your estate will pass under intestacy rules if you die before making a new will. Don't delay—make a new will within days, not months.

The safest approach for most people is Method 1: making a new will with an express revocation clause. It takes 15 minutes, costs £99.99, and simultaneously revokes your old will while establishing your current wishes with no gap in protection.

Frequently Asked Questions

Q: Can I revoke a will by crossing it out or writing 'cancelled' on it?

A: No, simply crossing out your will or writing 'cancelled' or 'revoked' across it is not sufficient to legally revoke it under UK law. To revoke a will through physical destruction, you must burn, tear, or otherwise completely destroy the original document with the clear intention of revoking it, as specified in Section 20 of the Wills Act 1837.

Q: Does getting married automatically revoke my existing will?

A: Yes, in England and Wales, marriage automatically revokes any existing will unless the will was specifically made 'in contemplation of' that particular marriage. Under Section 18 of the Wills Act 1837, when you marry, your previous will becomes invalid and intestacy rules will apply if you die without making a new will. The same applies to civil partnerships.

Q: What happens to my will if I get divorced?

A: Divorce does not automatically revoke your entire will. Under Section 18A of the Wills Act 1837, divorce removes any provisions benefiting your former spouse or appointing them as executor—they are treated as if they died on the date of divorce. However, all other provisions remain valid, so you should still review and update your will after divorce.

Q: Can I destroy my will if it's stored with a solicitor?

A: If your will is stored with a solicitor, most firms will not destroy it on your behalf for legal protection reasons. They will typically return the original will to you so you can destroy it yourself. You must personally destroy the will (or have someone destroy it in your presence and at your direction) with the intention to revoke it for the revocation to be legally valid.

Q: What happens if I accidentally destroy my will?

A: If your will is destroyed accidentally without your intention to revoke it, the law does not consider it revoked. However, proving this in court can be difficult. If the original will cannot be found, there is a legal presumption that you destroyed it with the intention to revoke it, which your estate would need to challenge with evidence such as copies, witness testimony, or proof of accidental destruction.

Q: Do I need to tell anyone when I revoke my will?

A: No, you do not need court permission or to notify beneficiaries when revoking your will. The right to revoke a will is absolute (provided you have mental capacity). However, it's good practice to inform your executor if they were storing the original, and to destroy all copies to avoid confusion after your death.

Q: Can I revoke just part of my will?

A: Yes, you can revoke specific provisions of your will by creating a codicil (a legal amendment) or by making a new will that only revokes certain parts. However, the safest approach is usually to create a completely new will with an express revocation clause that cancels all previous wills and codicils to avoid confusion and potential disputes.

Conclusion

Key takeaways for revoking your will correctly:

  • Making a new will with an express revocation clause is the safest method—it automatically cancels all previous wills while establishing your current wishes, with no ambiguity or proof issues
  • Marriage automatically revokes your will (unless made in contemplation of that specific marriage)—56% of UK adults don't know this, leaving many families unprotected
  • Physical destruction requires both action and intention—you must destroy the original will (not copies) with clear intention to revoke, or have someone destroy it in your presence
  • Divorce only partially revokes your will—it removes ex-spouse provisions but leaves everything else intact, so you should still review and update after divorce
  • Never leave yourself intestate—always have a new will ready before revoking your old one to ensure your estate passes according to your wishes

Revoking an outdated will is just as important as creating one in the first place. Life changes—marriages, divorces, new children, changed relationships—mean your will should change too. Taking 15 minutes to revoke your old will properly and create a new one ensures your family is protected exactly as you intend, no matter what life brings.

Need Help with Your Will?

Understanding how to revoke a will correctly ensures your old provisions don't create problems for your family. Making a new will with an express revocation clause is the safest way to cancel your old will while establishing your current wishes.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete will (legally binding when properly executed and witnessed) plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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