IHTM12072 - Revocation of a will: by subsequent will or codicil

The revocation may be express or implied.

Most wills contain a general revocation clause by which the testator or testatrix (IHTM12001) expressly revokes all previous testamentary dispositions. A revocation clause may revoke all or only one of previous testamentary instructions.

An implied revocation arises where the later will is inconsistent with an earlier will.

Example

On death, the intending executors find two wills

• Will dated 16.5.89: “All my goods to A”
• Will dated 16.1.91: “All my goods to B”

If the later Will did not expressly revoke the earlier, it would still do so by implication because

• it contradicts the former, and
• it is the later expression of the testator or testatrix’s intention.

Therefore B would take everything.