Legal Definitions - Revocation of Will by Act

Revocation of Will by Act refers to the process where a person intentionally cancels or invalidates their existing will through a specific physical action performed on the document itself.

For a will to be revoked by act, two crucial elements must be present:

• First, the person must have the clear intent to revoke the will, meaning they genuinely wish for it to no longer be legally binding.
• Second, they must perform a physical act upon the will itself that demonstrates this intent, such as destroying, tearing, burning, or marking it in a way that clearly indicates cancellation.

Here are some examples illustrating how a will can be revoked by act:

• Example 1: After reconciling with an estranged family member, Mr. Henderson decides his old will, which disinherited that person, is no longer appropriate. He retrieves the original signed document from his safe, takes it to his backyard, and carefully burns it in a metal bin until it is reduced to ashes. He then tells his spouse that he has destroyed the old will because he intends to create a new one that includes his reconciled family member.

  Explanation: Mr. Henderson clearly demonstrated both the necessary intent (wanting to invalidate the old will due to changed circumstances) and the physical act (burning the document to destroy it completely). This act, coupled with his intent, effectively revokes the previous will.

• Example 2: Ms. Chen drafts a new, comprehensive will with her attorney. Upon returning home, she locates her previous will, which was much simpler. To ensure there's no confusion, she takes a thick red marker and draws large, diagonal "X" marks across every page of the old will, writing "VOID - Replaced by new will dated [current date]" prominently on the first page, and then signs and dates this notation.

  Explanation: Ms. Chen's actions show a clear intent to revoke the old will, reinforced by the creation of a new one. The physical act of marking "X"s and writing "VOID" across the document, along with her signature and date, serves as an effective cancellation, rendering the old will invalid.

• Example 3: Mr. Davies, having recently divorced, decides his will, which left everything to his former spouse, must be invalidated immediately. He takes the original will, which is a multi-page document, and rips each page into several small pieces, throwing them into the recycling bin. He then calls his attorney to schedule an appointment to draft a new will reflecting his current wishes.

  Explanation: Mr. Davies's act of tearing the will into small pieces demonstrates a clear physical destruction of the document. This act, combined with his stated intent to invalidate the old will due to his divorce and his subsequent call to an attorney, fulfills the requirements for revocation by act.