Which statement correctly describes revocation of a will?

Which statement correctly describes revocation of a will?

• A. In whole by express revocation only
• B. By implied revocation only
• C. By divorce alone revokes
• D. In whole by express or implied revocation; marriage or civil partnership usually revokes; destruction also revokes

Answer: (D)

Revocation is the act of cancelling a will so it no longer has effect. There are several ways this can happen, and they all lead to the entire will being effectively set aside. Express revocation is straightforward: the testator explicitly says they revoke the will, or uses a document that clearly states revocation. Implied revocation happens when actions or subsequent documents show an intention to revoke, even if there isn’t a direct statement. A common example is executing a newer will that revokes the old one, or doing something like tearing up the old will with the intention that it not be used. Destruction also revokes the will. If the testator destroys the document with that intention, the will ceases to be valid. Marriage or civil partnership usually revokes a will made before the marriage or partnership, so the previous arrangement is effectively cancelled, unless the will was made in contemplation of that marriage or partnership. Destruction of the will is another clear way to revoke it. That combination—express or implied revocation, marriage or civil partnership, and destruction—captures the main routes by which a will can be revoked in full.

Revocation is the act of cancelling a will so it no longer has effect. There are several ways this can happen, and they all lead to the entire will being effectively set aside.

Express revocation is straightforward: the testator explicitly says they revoke the will, or uses a document that clearly states revocation.

Implied revocation happens when actions or subsequent documents show an intention to revoke, even if there isn’t a direct statement. A common example is executing a newer will that revokes the old one, or doing something like tearing up the old will with the intention that it not be used.

Destruction also revokes the will. If the testator destroys the document with that intention, the will ceases to be valid.

Marriage or civil partnership usually revokes a will made before the marriage or partnership, so the previous arrangement is effectively cancelled, unless the will was made in contemplation of that marriage or partnership. Destruction of the will is another clear way to revoke it.

That combination—express or implied revocation, marriage or civil partnership, and destruction—captures the main routes by which a will can be revoked in full.