IHTM12071 - Revocation of a will: introduction
There are three methods of revoking the whole will
- by subsequent will or codicil ( IHTM12072)
- by destruction ( IHTM12073)
- by marriage or civil partnership ( IHTM11032) ( IHTM12074) (but this does not apply in Scotland)
Partial revocation (
IHTM12075) can arise as a result of
divorce or dissolution of a marriage or civil partnership.
In Scotland, a will which makes no provision for 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.
