Succession: Wills: Revocation of a Will: Introduction
There are a number of ways in which a whole Will can be revoked:
- by subsequent Will or codicil (IHTM12072)
- by destruction (IHTM12073)
- by marriage or civil partnership (IHTM11032) (IHTM12074) (but this does not apply in Scotland)
A Will can be partially revoked (IHTM12075) by divorce or dissolution of a marriage or civil partnership.
In Scotland, a Will which makes no provision for the children of the testator is presumed to be revoked by the subsequent birth of a child. The law assumes that the testator would not have wished a Will which made no provision for a later-born child to be given effect to. This applies equally where the deceased has died so soon after the birth that they had no opportunity to make a new Will, or where a considerable period of time has elapsed.