Revoking or Cancelling a Will Australia: Complete Guide 2025 | WillBuddy

Understanding how to properly revoke a will prevents confusion about which document reflects your final wishes. This guide explains all revocation methods, state-specific rules, and common mistakes that can cause problems.

This article is part of WillBuddy's Knowledge Centre, created to help Australians understand will revocation and cancellation.

Methods of Revoking a Will

There are four recognised methods to revoke a will in Australia:

Method 1: New Will with Revocation Clause (Recommended)

The safest and most common method is executing a new will that includes an express revocation clause.

Standard Revocation Clause

"I revoke all former wills, codicils, and testamentary dispositions made by me."

This clause should appear near the beginning of your new will, typically in the opening declarations.

Why This Method is Preferred

• Creates clear, documented evidence of your intention
• Replaces old will with updated document
• No ambiguity about which will is current
• Protected by proper witnessing formalities
• Original will's existence becomes irrelevant

Requirements

Method 2: Physical Destruction

You can revoke a will by physically destroying it with the intention to revoke.

Valid Forms of Destruction

• Burning – Complete destruction by fire
• Tearing – Tearing into pieces (should be thorough)
• Shredding – Mechanical destruction
• Other destruction – Any act that destroys the document

Critical Requirements

Risks of Physical Destruction

Warning: Physical destruction can create problems:

• If copies exist, disputes may arise about whether revocation was intentional
• If the original cannot be found, courts may presume it was destroyed
• Without a new will, you die intestate (estate distributed by law)
• Family members may contest whether destruction was intentional

Key case law: Cheese v Lovejoy (1877) 2 PD 251 – Destruction must be intentional; accidental damage does not revoke.

What Happens to Copies?

Destroying the original revokes the will, even if copies exist. However:

• Photocopies and electronic copies may be used as evidence
• Courts may admit a copy if they believe destruction was not intentional
• Always destroy all known copies to avoid confusion

Method 3: Formal Revocation Document

You can execute a document that revokes your will without making a new one.

Revocation Document Requirements

Sample Revocation Clause

"I, [Full Name], of [Address], hereby revoke my will dated [Date] and all codicils thereto. I do not intend to make a new will at this time."

When This Method Is Used

• You want to die intestate (estate distributed by law)
• You're making a new will separately
• Temporary measure pending new will

Note: This method is rarely used because dying without a will means your estate is distributed according to intestacy rules, which may not reflect your wishes.

Method 4: Automatic Revocation by Marriage

Marriage automatically revokes any existing will in all Australian states.

State Legislation

Exception: Wills Made in Contemplation of Marriage

A will made "in contemplation of marriage" to a specific person is not revoked by that marriage.

Requirements for exception:

• Will must state it is made in contemplation of marriage to [named person]
• Marriage must occur to that specific person
• Will must show intention to survive the marriage

Example clause:

"This will is made in contemplation of my marriage to [Partner's Full Name] and is not to be revoked by that marriage."

De Facto Relationships

Important: Entering a de facto relationship does not revoke a will. Only formal marriage has this automatic effect.

Effect of Divorce on Wills

Divorce does not completely revoke a will, but it significantly affects provisions relating to your former spouse.

What Happens After Divorce

State Legislation

Key Considerations After Divorce

• New beneficiaries: If ex-spouse was residuary beneficiary, gift may pass intestate or to substitute
• New executor: Appoint a new executor if ex-spouse was named
• Update will: Make a new will reflecting your current wishes
• Separation: Mere separation does NOT affect your will, divorce must be finalised

Key point: In most states, divorce cancels gifts to a former spouse and is treated, for the purposes of the will, as if the former spouse had died before the will-maker, while the rest of the will continues to operate.

Partial Revocation: Codicils and Alterations

Using a Codicil

A codicil can revoke specific parts of a will while keeping the rest intact:

• Must be properly witnessed (same requirements as a will)
• Should clearly identify the will it modifies
• States exactly which clauses are revoked or changed
• Becomes part of your testamentary documents

When to use: Minor changes like updating a gift or changing an executor.

Alterations After Execution

Alterations made to a will after signing are not valid unless:

• The alteration is signed by you
• The alteration is witnessed by two adult witnesses
• This effectively requires the same formalities as a new will

Warning: Crossing out clauses or writing on a signed will does not revoke those clauses. The original text remains valid, and your alterations are ignored.

Common Revocation Mistakes

Mistake 1: Destroying a Copy, Not the Original

Problem: Destroying a photocopy does not revoke the will. Solution: Always locate and destroy the original signed document.

Mistake 2: Writing "Cancelled" on the Will

Problem: Writing on the will without proper witnessing has no legal effect. Solution: Make a new will with a revocation clause, properly witnessed.

Mistake 3: Assuming Separation Revokes a Will

Problem: Separation does not affect your will, only divorce has automatic effects. Solution: Make a new will immediately upon separation if you want to change your beneficiaries.

Mistake 4: Revoking Without Making a New Will

Problem: If you revoke your will and don't make a new one, you die intestate. Solution: Always prepare your new will before revoking the old one, or revoke both at the same time.

Mistake 5: Losing the Original Will

Problem: If your original will cannot be found, courts may presume you destroyed it intentionally. Solution: Store your original will safely and tell your executor where it is.

State-Specific Revocation Rules

New South Wales

Aspect	NSW Rule
Legislation	Succession Act 2006
Marriage revocation	s12 – Marriage revokes prior will
Divorce effect	s13 – Ex-spouse treated as predeceased
Destruction	s11 – Must be by will-maker or in their presence

Victoria

Aspect	VIC Rule
Legislation	Wills Act 1997
Marriage revocation	s13 – Marriage revokes prior will
Divorce effect	s14 – Ex-spouse's provisions revoked
Destruction	s12 – Physical destruction with intention

Queensland

Aspect	QLD Rule
Legislation	Succession Act 1981
Marriage revocation	s14 – Marriage revokes prior will
Divorce effect	s15 – Ex-spouse treated as predeceased
Destruction	s13 – Destruction with intention to revoke

South Australia

Aspect	SA Rule
Legislation	Succession Act 2023
Marriage revocation	s18 – Marriage revokes prior will
Divorce effect	s19 – Ex-spouse treated as predeceased
Destruction	s17 – Destruction with intention to revoke

Western Australia

Aspect	WA Rule
Legislation	Wills Act 1970
Marriage revocation	s14 – Marriage revokes prior will
Divorce effect	s14A – Ex-spouse treated as predeceased
Destruction	Destruction with intention to revoke

Tasmania

Aspect	TAS Rule
Legislation	Wills Act 2008
Marriage revocation	s16 – Marriage revokes prior will
Divorce effect	s17 – Ex-spouse treated as predeceased
Destruction	s15 – Destruction with intention to revoke

Australian Capital Territory

Aspect	ACT Rule
Legislation	Wills Act 1968
Marriage revocation	s20 – Marriage revokes prior will
Divorce effect	s20A – Ex-spouse treated as predeceased
Destruction	s21 – Destruction with intention to revoke

Northern Territory

Aspect	NT Rule
Legislation	Wills Act 2000
Marriage revocation	s14 – Marriage revokes prior will
Divorce effect	s15 – Ex-spouse treated as predeceased
Destruction	s13 – Destruction with intention to revoke

Best Practices for Will Revocation

Before Revoking

1. Prepare your new will first – Don't revoke until replacement is ready
2. Review all provisions – Consider what you want to change
3. Consider tax implications – Some changes may affect beneficiaries' tax positions
4. Consult if complex – Seek advice for significant estates or family situations

During Revocation

1. Use a new will with revocation clause – Safest method
2. Ensure proper witnessing – Two adult witnesses present together
3. Sign clearly – At the end of the document
4. Date the document – Creates clear record of timing

After Revocation

1. Destroy old will – Prevents confusion about which is current
2. Destroy all copies – Including photocopies
3. Notify executor – Tell them about the new will's location
4. Update stored copies – Replace old wills in storage locations

Legislation and Official Resources

Will-making in Australia is governed by each state and territory's own succession legislation. The core statutes include:

• New South Wales: Succession Act 2006 (NSW)
• Victoria: Wills Act 1997 (Vic)
• Queensland: Succession Act 1981 (Qld)
• South Australia: Succession Act 2023 (SA)
• Western Australia: Wills Act 1970 (WA)
• Tasmania: Wills Act 2008 (Tas)
• Australian Capital Territory: Wills Act 1968 (ACT)
• Northern Territory: Wills Act 2000 (NT)

Because requirements differ between states and are amended over time, always confirm the current rules for your state, or seek advice from a qualified legal professional.

Related Guides

• How to Update or Change a Will – Making amendments
• Codicil vs New Will – Choosing the right approach
• Will Requirements Australia – Valid will execution
• Divorce and Will Impact – Detailed divorce guide

Further Reading

• LawAccess NSW – Revoking a Will
• Victoria Legal Aid – Wills
• Queensland Government – Wills
• Law Council of Australia – Wills

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