Destroying a Will

How to dispose of an out-of-date Will

The most common scenario in which a Will is destroyed is in the case of marriage. When you become married your previous Will becomes invalid, so it should be destroyed in the process of making a new one. When a Will is not destroyed it is most often because the writer simply forgets, which will lead to confusion about which one is valid. You can choose to update your Will or change it - however, if you cancel it, you must destroy it.

In order to destroy your Will you must burn it or tear it up with the intention of it being revoked along with all the copies you may own. All of the copies must also be destroyed, as should any of them reappear down the line, it may seem like your destruction of the other forms of the Will were accidental. Therefore all copies must be completely destroyed to make sure your current or new Will is valid. The Will that is destroyed is only invalid if you destroy it yourself or it is destroyed in your presence. It is still considered valid if you choose an executor or third party to do it on your behalf or if it is believed to have been destroyed by accident.  

If you have hired someone else to write your Will such as a solicitor of professional Will writer and they have a copy of it, you will have to contact them in regard to destroying it - either by yourself or asking them to do it. However, it is recommended that you destroy it yourself to ensure that it becomes invalid.

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