Succession: Wills: Revocation of a Will: By destruction
A Will can only be revoked by destruction if there is both an intention to destroy and an act of physical destruction.
- destroying whilst the testator is of unsound mind does not revoke a Will
- a Will destroyed by accident is not revoked
- if a Will is destroyed in the mistaken belief that it is invalid, useless or already revoked, the act of destruction does not revoke it
- if a Will cannot be found at the death it is presumed to have been destroyed by the testator with the intention of revoking it
- when a Will is found mutilated at the death it is presumed to have been mutilated by the testator with intention of revoking it wholly or partially.