How do I revoke my will?

Updated 28 October 2026

CM Law's Ultimate 50 List: Making a Will #39 - How do I revoke my will?

How can I revoke a will in NSW?

NSW law permits revocation by a later will, formal written declaration, intentional destruction, specified dealings with the document, marriage, divorce or annulment, and court-authorised processes. The Court can also recognise an informal documentary revocation. Each route has conditions. A properly drafted replacement will usually provides the clearest continuing estate plan.

Revocation cancels all or part of a will. Section 11 of the Succession Act 2006 (NSW) identifies the permitted methods; section 8 deals separately with informal documents. Cancelling a will without effective replacement provisions can leave some or all of your estate subject to intestacy.

Does a new will revoke the old one without destroying it?

A valid later will containing an effective revocation clause can cancel an earlier will even if the old original remains intact. A later will or codicil without that clause may revoke earlier provisions only to the extent of inconsistency. The date alone does not establish that every earlier provision disappears.

A separate written declaration can revoke a will without distributing your estate. It requires the execution formalities of a will. Ordinarily, sign or acknowledge your signature before two witnesses present together; they then attest and sign in your presence. Have a solicitor check witness eligibility and any remote arrangements.

An online draft or instructions to your solicitor are not a reliable substitute for completing the process. If you have separate Australian and overseas wills, coordinate their revocation clauses so one does not unintentionally cancel the other.

Can I destroy my will or write ‘cancelled’ on it?

Intentional destruction can revoke a will, and writing on or otherwise dealing with it can also do so where the statutory requirements are satisfied. The act and intention both matter. Accidental damage, an unexplained mark or destroying a photocopy does not automatically establish that the original will has been revoked.

If someone else destroys the will for you, they must act in your presence and at your direction. The same requirement applies to another person writing on or dealing with the will under section 11(1)(f); the document’s state must satisfy the Court about your intention.

Crossing out one gift may raise partial revocation and alteration issues under sections 11 and 14. It does not safely create a replacement gift. Have a solicitor prepare a codicil or new will rather than marking up the original yourself.

Does marriage revoke my will?

Marriage generally revokes a NSW will, but important exceptions can preserve the whole will or particular provisions. A will made in contemplation of the particular marriage survives it, even if that contemplation is not expressly recorded. A will expressly made in contemplation of marriage generally also survives a subsequent marriage.

Section 12 also preserves gifts to the person who is your spouse at death and that person’s appointments as executor, trustee, advisory trustee or guardian. A technical exception protects certain wills exercising powers of appointment over property outside the ordinary estate.

Do not assume marriage leaves either every clause or no clause operative. Arrange a review before marrying and clearly record the intended scope of the will. Marriage-related exceptions also affect the ability of some people under 18 to make or revoke wills.

Does divorce, annulment or separation cancel my will?

A divorce taking effect, or a legally recognised annulment, generally revokes specified gifts, appointments and powers involving a former spouse, rather than the entire will. Section 13 contains exceptions and permits a contrary intention in the will. Separation alone, or the end of a de facto relationship, does not trigger these rules.

The usual revocation covers beneficial gifts, executor, trustee, advisory trustee and guardian appointments, and powers of appointment exercisable by or in favour of the former spouse.

Exceptions preserve trustee appointments where beneficiaries include the former spouse’s children, and powers exercisable exclusively for children of both parties. Affected provisions operate as though the former spouse died before you. Family provision rights and provisions for paying debts or liabilities to the former spouse remain unaffected. Review your will when separating; do not wait for divorce.

When can the Court authorise or recognise revocation?

The Supreme Court can authorise revocation for a minor under section 16 or for a person lacking testamentary capacity under section 18. Separately, after death, section 8 allows recognition of an informal document intended as full or partial revocation. These are distinct procedures requiring evidence and satisfaction of statutory conditions.

A section 18 order must be made while the person is alive. An enduring attorney or family member cannot independently decide to revoke that person’s will simply because of their role or relationship.

An unwitnessed note or electronic document may require a section 8 application. It must express testamentary intentions and be intended to operate as the revocation, not merely discuss a future change. Court recognition is uncertain; proper execution is preferable.

Does a missing original prove that a will was revoked?

A missing original does not automatically prove revocation. Where an original last traced to the will-maker cannot be found after diligent searches, a rebuttable presumption of intentional destruction may arise. Evidence about custody and continuing intentions matters. A copy may be admitted to probate if the necessary matters are proved.

In Jaksic-Repac v Dundjerski [2025] NSWCA 256, Mimi Milka Berger’s original 2015 will could not be located. A relative argued that it should be presumed revoked, producing intestacy.

The Court of Appeal upheld probate of a copy and an informal codicil. The original had not been last traced to her possession; her dealings with solicitors indicated she believed they held it. Her continuing treatment of the will as current would also rebut the presumption. The High Court refused special leave on 9 April 2026. Record where originals are held and preserve evidence of any replacement.

Does revoking a newer will revive an older one?

Revoking a newer will does not automatically revive a will it previously revoked. Section 15 provides for revival through re-execution or execution of a will showing an intention to revive the earlier will or part. Keeping an old signed copy, or changing your mind, is not itself sufficient.

Partial revocation and revival can produce unexpected results, so have the intended provisions identified precisely. If no effective will covers the estate, intestacy may apply. Changed finances, a family argument or a beneficiary’s death does not by itself revoke the whole will; other succession rules may affect particular gifts.

What should I do before revoking or replacing my will?

Have a solicitor check the existing will, your capacity and intentions, and the consequences of the proposed revocation before taking action. Wherever possible, complete a valid replacement estate plan first. Keep clear records, secure the new original and tell the executor where it is held so the operative documents can be found.

• Bring every will and codicil, including overseas documents, to the review.
• Explain marriage, separation, divorce, beneficiary and asset changes.
• Check signatures and witnesses before treating a replacement as complete.
• Ask how superseded originals and copies should be marked, retained or otherwise handled.

Revocation during life differs from challenging a will or revoking a probate grant after death. CM Lawyers’ wills and estates team can review the documents together. Contact Christine Manolakos for advice before destroying or changing an existing will.

General information about NSW law. Always have your will and any proposed revocation or replacement checked by a lawyer for your circumstances.

Key resources

• Succession Act 2006 (NSW) — sections 5–16 and 18 govern capacity, execution, revocation, alteration, revival and court authority.

• State Library NSW: Changing or revoking a will — overview of revocation methods and life-event changes.

• Legal Aid NSW: Making a will — practical guidance on updating, signing and storing a will.

• Supreme Court of NSW: Complex probate proceedings — missing originals, evidence and applications involving unusual documents.

• Supreme Court of NSW: Applying for probate — original documents, searches and marriage or divorce issues.

• Jaksic-Repac v Dundjerski [2025] NSWCA 256 — official judgment on a missing original and the presumption of revocation.

• Jaksic-Repac v Dundjerski [2026] HCADisp 95 — High Court refusal of special leave on 9 April 2026.

• CM Lawyers: Wills and estates — assistance reviewing and replacing estate-planning documents.