How is a will revoked?
In each state, different rules apply to cancelling or revoking a will.
Only the person who wrote the will can revoke or cancel it, and they must have the capacity to do that. If someone doesn’t have capacity, it means that they are not able to make their own decisions.
There are several ways you can revoke a will including:
- writing, signing and having witnesses sign a declaration that you are revoking your will
- destroying the will
- writing a new will and including a statement that revokes all your past wills.
In Victoria, marriage or divorce will also revoke a will, unless you make the will with the marriage or divorce in mind.
Generally, the most recent will revokes an earlier will. Usually, you include a statement in a will revoking all past wills. This statement makes sure there is no disagreement about which will is the right one.
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