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Revocation of a Will / Loss of a Will By execution of a subsequent will. By some writing and declaring an intention to revoke the will. By burning of the will. By tearing of the will. Otherwise destroying the will.
In harmony with this provision of substantive law, we find section 623 of the Code of Civil Procedure, which provides that no will shall be revoked, except by implication of law, otherwise than by some will, codicil, or other writing executed as provided in case of wills.
Provided a testator (the person making the Will) retains testamentary capacity a Will can be revoked (cancelled) at any time during the testators lifetime. If a Will is revoked and a replacement Will is not made, then the testator will die intestate.
Marriage or civil partnership - this automatically revokes a Will unless it is apparent the Will was made in contemplation of the marriage, in which case it may be saved if the maker clearly did not intend it to be revoked by the marriage/civil partnership. How the rules apply depends on when the Will was made.
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