Revocation of Wills

In a previous blog post, we discussed the many circumstances wherein a testator (a will-maker) ought to consider making a new will. However, before someone makes a new will, it is important to consider how to properly revoke an old will. The Wills, Estates and Succession Act provides specific requirements as to how one can properly revoke an valid old will. Section 55 states the following:

How To Revoke a Will

55   (1)A will or part of a will is revoked only in one or more of the following circumstances:

(a)by another will made by the will-maker in accordance with this Act;

(b)by a written declaration of the will-maker that revokes all or part of a will made in accordance with section 37 [how to make a valid will];

(c)by the will-maker, or a person in the presence of the will-maker and by the will-maker’s direction, burning, tearing or destroying all or part of the will in some manner with the intention of revoking all or part of it;

(d)by any other act of the will-maker, or another person in the presence of the will-maker and by the will-maker’s direction, if the court determines under section 58 that

(i)the consequence of the act of the will-maker or the other person is apparent on the face of the will, and

(ii)the act was done with the intent of the will-maker to revoke the will in whole or in part.

(2)A will is not revoked in whole or in part by presuming an intention to revoke it because of a change in circumstances.


It should be noted that most wills drafted by lawyers will revoke a previous will in the first line of the document.

Drafting a Will in Vancouver

If you need to have a will drafted or are involved in Estate litigation, contact the Kushner Law Group today to schedule a consultation.



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