How to Revoke a Will in England and Wales

How do you revoke a will?

You can revoke a will by making a new will, by a written and witnessed declaration of intention to revoke it, or by deliberately destroying it. All three are recognised under the Wills Act 1837, and each has its own way of going wrong.

Making a new will is the most common and safest method, since a properly worded new will automatically supersedes and revokes everything before it. A written declaration works the same way as making a will, it must be signed and witnessed just like the document it cancels. Destruction means physically tearing, burning, or otherwise destroying the will with the clear intention of revoking it, not by accident. Simply writing “cancelled” across a will, or throwing away a copy while the original survives elsewhere, does not reliably revoke anything.

Does making a new will cancel your old one?

Yes, a properly worded new will automatically revokes all earlier wills, provided it actually says so in the right terms. Most template and solicitor-drafted wills include a specific revocation clause for exactly this reason.

Standard wording states that the new will revokes all previous wills and codicils. Without that clause, you can end up with two technically valid documents. The courts then have to work out which parts of each still apply, which is exactly the dispute a clear revocation clause is designed to avoid. If you make more than one will and are not certain the newest one properly cancels the others, make your will online with a solicitor check, so the wording is confirmed rather than assumed.

Does marriage automatically revoke a will?

Yes. Marrying or entering a civil partnership automatically revokes your existing will, unless it was made in contemplation of that marriage. Most people do not know this rule exists.

Under section 18 and section 18B of the Wills Act 1837, marriage or civil partnership cancels any will made before it. If no new will is made afterwards, the estate then falls under the intestacy rules, as though the person had died intestate. The one exception is a will drafted to say clearly that it is made in expectation of marrying a named person and is not intended to be revoked by that marriage. This needs precise wording and is worth getting checked by a solicitor. This rule exists partly to protect a surviving spouse. It has also been used to exploit vulnerable people through so-called predatory marriages, where someone marries a person who lacks capacity specifically to inherit under intestacy once their old will is cancelled. The Law Commission recommended abolishing automatic revocation by marriage in its May 2025 report, but no new Act has been passed, so the current rule still applies.

Can a will be revoked after death?

No. Revocation is something only the person who made the will can do, while they are alive and have testamentary capacity to do it. A will cannot be revoked after death, and there is no post-death process that cancels it.

What can happen after death is a challenge to the will’s validity. For example, an argument that it should be invalidated because it was not properly signed and witnessed, or that the person lacked capacity when they made it. That is a different legal question from revocation, called contesting a will, and it is decided by the court rather than by anything the deceased did. If you are dealing with this as an executor or beneficiary, get advice early, since contested probate can take considerably longer and cost more than an uncontested one.

What if a will is destroyed or cannot be found?

If a will cannot be found after death, and was last known to be with the testator, the law presumes it was deliberately destroyed. This is a rebuttable presumption, not an automatic conclusion.

Family members or executors can challenge this presumption with evidence that the will was lost rather than destroyed on purpose. Proof it was damaged in a flood or fire, or that someone else had access to it, can be enough. Partial destruction causes particular disputes, since tearing part of a will can show either a clear intention to revoke it or an unfinished, abandoned attempt, and the courts look closely at the specific facts. This is exactly why secure will storage matters: a will that stays safely held by the people who made it removes any question about whether its disappearance was deliberate.

Should you revoke your will or just amend it?

A small change does not need a full revocation. A codicil lets you alter specific parts of your will while everything else stays in force. Revoking the whole will is usually only worth it for a substantial rewrite.

A codicil is a formal, separately signed and witnessed document that alters or adds to an existing will without cancelling it. It suits small changes, such as updating a named executor or adding a new gift, and it must meet the same signing and witnessing formalities as a will. See our full guide to making a codicil if this fits your situation better than starting again. For anything more substantial, several small alterations, a change of mind about who inherits most of your estate, or wishes that have simply moved on, a new will is the better route. One with a proper revocation clause is clearer and less likely to be disputed than a string of codicils layered on top of each other. If you are not sure which route fits your situation, a solicitor-checked online will settles it either way.

Frequently asked questions

Can you cancel a will without a solicitor?

Yes. You can revoke a will yourself by making a new will, by a signed and witnessed declaration, or by deliberately destroying the original. None of these legally require a solicitor, though a solicitor check helps confirm the revocation wording actually does what you intend.

Can you revoke a will without making a new one?

Yes, but it is rarely a good idea. A written declaration of revocation or deliberate destruction both cancel a will without replacing it, which usually means your estate falls under the intestacy rules until you get round to making a new will.

How many witnesses do you need to revoke a will?

A written declaration of revocation needs the same two witnesses as making a will. Revoking by destruction does not require witnesses, but doing it alone can make it harder to prove later that the destruction was deliberate rather than accidental.

In what circumstances is a will revoked?

A will is revoked by making a new one, by a signed and witnessed declaration, by deliberate destruction, or automatically by marriage or civil partnership. It is not revoked by divorce, though divorce cancels any gifts and appointments naming a former spouse.

Do you need a new will when you get married?

Yes, in almost all cases. Marriage automatically cancels your existing will, so without a new one your estate is distributed under the intestacy rules rather than your wishes. Making a will shortly after a wedding, or one worded to survive a planned marriage, avoids the gap.