Cancelling a will

[jayhenbro]

In what manner must a Legal document be cancelled. ie. a Will.? Is it sufficient to phone ones Solicitor and tell him to cancel it

[Ethel]

With the exception of very special circumstances, a phone call is not sufficient.

A will is cancelled by writing a new one or getting married.

Otherwise notification should be in writing. It would be acceptable to phone your solicitor and tell him you want to cancel the will; he will draw up the necessary document for you to sign.

[dzug]

Another way of cancelling it is for you personally to destroy it - or for your solicitor or someone else to destroy it as you watch. (It has to be done by you personally or in your presence at your direction)

And a will is not cancelled by a new one unless the new one says so. Standard wording provides for this - it can lead to some ..um .. interesting situations where it is omitted

[joggerjayne]

If you make a new on, or get married, it revokes the old Will.

Otherwise, under the Wills Act, the only ways to "cancel" a Will are to ...

"burn it"

"tear it"

"or otherwise destroy it"

Don't try burning it. The Fire Brigade are busy enough at this time of year.

[Barmaid]

If I can just add, a will is revoked by writing a new one which specifically refers to revoking "all previous testamentary documents". Just writing a new one will not revoke the old one unless it specifically says so (generally speaking). However a later will will revoke an earlier will to the extent that a later will is inconsistent with the earlier will but that can be quite complicated construing two documents together.

A will can also be revoked by destruction, either by the testator or by someone else in his presence and at his direction, with the intention to revoke.

Only problem is, if you revoke the will (by phoning the solicitor and asking the solicitor to draw up a document revoking the will) you will then die intestate. (EG an earlier will would not be revived by the revocation of the later will). Best to revoke a will by executing a new one including a revocation clause.

[Barmaid]

Sorry, when I started posting that dzug and jayne had not posted!

Must type quicker!

[terambulan]

Write a new Will as Barmaid says.....but get the old one and burn it so it can't be produced at your demise.