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ARTICLE · 03 FEBRUARY 2014

How to revoke your will

Revoking a will means that the will is no longer valid.

AustraliaFamily and Matrimonial

Revoking a will means that the will is no longer valid. When someone dies, the most recent will (if executed correctly and unrevoked) determines how their estate is controlled. If that person dies with a revoked will, and a new will has not been made or an old will has not been revived, that person will die intestate (without a will).

One of the fundamental characteristics of a will is that it may always be revoked. Revocation may either be voluntary or by operation of law.

A will may be revoked voluntarily by:

  • another will or codicil (executed according to the requirements of making a will);
  • a declaration in writing of an intention to revoke (executed according to the requirements of making a will); or

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