How to revoke a Will in New Zealand

What revocation means

Revoking a will means making it no longer effective. Because only one valid will can be in force at a time, revocation is how an earlier will is cleared out of the way — usually so a new will can take its place, but sometimes with no replacement at all.

The main ways to revoke a will

Under the Wills Act 2007, a will can be revoked in a few recognised ways:

• making a new will — the most common and safest method;
• destroying the will with the intention of revoking it — for example, burning or tearing it;
• marriage or civil union, which automatically revokes an earlier will unless it was made in contemplation of that event; or
• a later written document, executed with the same formalities as a will, that revokes the earlier will — for example, an express revocation clause or a codicil.

Making a new will

The safest way to revoke an earlier will is to make a new one. A new will can state expressly that it revokes all earlier wills, and it will also prevail over the earlier will to the extent the two are inconsistent. Once the new will is signed and witnessed correctly, the old will has no effect — and it is wise to destroy the old signed original so no one later finds two documents and wonders which one counts.

Destroying a will

Destroying a will only revokes it if the destruction is deliberate — burning, tearing or otherwise destroying the document with the intention of revoking it. Accidental destruction does not revoke a will, and destroying a copy while the original survives does nothing. If someone else destroys the will, it must be done in the will-maker’s presence and by their direction.

Relying on destruction alone is risky: if the will is later needed (for example, because the new will was never completed), the law may accept other evidence, but the uncertainty and cost can be considerable.

What does not revoke a will

People often assume things revoke a will that do not. These do not:

• writing on the will, crossing out names, or attaching notes;
• tearing up a copy while the original survives;
• losing the will (it can still be proved from a copy or other evidence);
• divorce or the end of a civil union — the will generally survives, though it takes effect as if the former spouse or partner had died; or
• ending a de facto relationship — the will stays exactly as it was.

You also cannot revoke part of a will by crossing it out. Changes need a properly executed new will or codicil, signed and witnessed with the same care as a will.

Revoking without a replacement

If you revoke your will and do not make a new one, you will die intestate — your estate will be distributed under the intestacy rules, not according to your wishes. Revoking in the hope of making a new will later is particularly dangerous: if the new will is never made or is not valid, you are left with no will at all.

When to get advice

Talk to a lawyer before revoking a will if any of the following apply:

• you are not sure whether an earlier will still exists or is still effective;
• you have made several wills and are unsure which one is current;
• there is pressure from family or anyone else to revoke or change your will;
• you want to revoke only part of a will;
• you plan to rely on destruction alone; or
• you are revoking without a new will in place.

The bottom line

The cleanest way to revoke an old will is to make a new one that says so — signed and witnessed correctly, and with the old original destroyed. Deliberate destruction, marriage and certain written documents can also revoke a will, but the rules are precise and the consequences of getting them wrong can be severe. When in doubt, get advice before you act. Our guide on how many wills you can have and guide on what a will is cover the surrounding rules.