Key Points on Revocation and Alteration of Wills

The importance of understanding how a will can be revoked and altered, and how errors can be rectified.

A will becomes valid once it is executed but its terms do not come into effect until the testator's death.
Testators can revoke or amend their wills at any time before death if they are of sound mind.

Subsequent Marriage or Civil Partnership
- Under Section 18 of the Wills Act 1837, a will is revoked by a later marriage or civil partnership.
- Exceptions apply if the will was made in contemplation of a specific forthcoming marriage/civil partnership which must include the name of the intended partner.
- A divorce does not fully revoke the will, but the former spouse is treated as deceased when it comes to interpreting the will (Section 18A).
- Appointments of former spouses as executors or beneficiaries fail post-divorce unless substitute provisions exist.
Subsequent Will or Codicil
- A later will or codicil with an express revocation clause revokes earlier wills. Codicils may modify or revoke portions of a will.
Intentional Destruction
- Defined in Section 20 Wills Act 1837; destruction must be intentional, e.g., burning or tearing.
- Example: Albert intentionally tears his will and throws it in the fire; this revokes the will.
- Destruction must demonstrate intent; if done without intent, the will remains valid.
- The principle applies that "all the destroying in the world without intention will not revoke a will." (Case: Cheese and Love Joy, 1877)
Declaration in Writing
- A will can be revoked by a written declaration expressing the intent to revoke, executed with the same formalities as the original will (see Section 20).

Addresses situations where a testator intended to revoke a will based on the validity of a new will.
If the new will is invalid, the prior will may remain effective.
- Example: In the estate of Davis (1951), the court held that revocation was conditional upon the new will being effective.

If a will is lost or accidentally destroyed, it is possible to probate a copy or reconstruction with court permission.
A rebuttable presumption exists that a will in the testator’s possession but not found was destroyed by the testator with intent to revoke.
- Similarly, a torn or mutilated will raises the presumption of intentional revocation.

Governed by Section 21 Wills Act 1837, which states alterations must be executed like a valid will to be effective.
The presumption exists that unattested alterations were made post-execution.
- Example: Cooper and Bockett (1846) illustrates rebutting this presumption with evidence from the will or witnesses.
Valid alterations must be signed, while pencil marks may not be valid unless proven otherwise.
An alteration made post-execution could be validated by a codicil referencing the changes.

Requires signatures of witnesses beside the alteration, unless the presumption is rebutted.
Evidence can include witness affidavits about the presence of unexecuted alterations.
Unexecuted alterations typically hold no effect unless proven to be intended as part of the will.

Section 20(1) of the Administration of Justice Act 1982 allows courts to rectify wills where clerical errors or misunderstandings misrepresent the testator's intentions.
Applications must be made within six months of the grant but the court might extend the timeline.

Revoking a will can occur via marriage, subsequent wills, or intentional destruction.
Section 21 outlines how alterations affect a will's validity, requiring executed alterations to be acknowledged by the testator.
The court has the power to rectify wills under certain conditions to align with the testator's true intentions.

Understanding revocation and alterations of wills is crucial for ensuring the testator's intentions are honored after their death.