When and how can a will be revoked?
12 When and how can a will be revoked?
S. 12(1) repealed by No. 43/1998 s. 52(1).
* * * * *
Subject to—
S. 12(2)(a) repealed by No. 43/1998 s. 52(2)(a).
* * * * *
sections 13 and 14; and
any order made by the Court under this Act authorising the revocation of a will; and
any order made by the Court under this Act dispensing with the formal requirements for revoking a will—
the whole or any part of a will may not be revoked except—
S. 12(2)(da) inserted by No. 43/1998 s. 52(2)(b).
by a later will; or
by some writing, declaring an intention to revoke it, executed in the manner in which a will is required to be executed by this Act; or
by the testator, or some person in his or her presence and by his or her direction, burning, tearing or otherwise destroying the will with the intention of revoking it; or
by the testator, or by some person in his or her presence and at his or her direction, writing on the will or dealing with the will in such a manner that the Court is satisfied, from the state of the will, that the testator intended to revoke it.
S. 12(3) inserted by No. 11/2021 s. 83.
For the purposes of subsection (2)(e), a will may be revoked by using the remote execution procedure and that revocation is a valid revocation.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.