Client drew up a Will when his wife was alive (not a joint will).
After her death, he drew up a slightly different one.
He now wishes to revert to the original Will by simply destroying the second Will.
Once the second Will has been destroyed, will the first Will take effect?
The second Will most likely included a clause which expressly revoked all previous Wills, so the first Will was revoked. The fact that the second Will is destroyed and revoked, does not revive the first Will (see s22 WA 1837).
Ihsan
I Will Solicitors Ltd
No, destroying the second will cannot revive the first, and its destruction will usually result in an intestacy. I say “usually” as if there is evidence that it was destroyed under a mistake, it could remain valid (although a court application might be required to prove it – the second will that is).
The client will either need to re-execute the first will, specifically revive it by a codicil, or make a new will in the same terms.
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals
Does the second Will contain a revocation clause or words that can be interpreted as revoking previous Wills?
Jack Harper
Thank you for the comments - issue has now been resolved.