While we may all be au fait with the idea of setting out a will, the concept of revoking a will is less familiar. This a significant decision that should not be taken lightly; the legalities surrounding the revocation of a will in Ireland are certainly complex.
As life unfolds, circumstances change, prompting many to reconsider their final wishes documented in their existing will. It’s crucial to grasp the legal implications of this move and ensure that such changes align with current laws and personal intentions.
In this article, we discuss the common reasons for revoking a will and the different options available to those who wish to do so.
Legal framework for revoking a will
Before diving into the reasons and methods of revoking a will, it’s important to understand the specific pieces of legislation that cover this process.
Succession Act 1965 and its provisions
Under the Succession Act 1965, various provisions set out the groundwork for legally revoking a will. These laws ensure that a person’s estate is managed per their most recent intentions, as long as those intentions are clearly and legally documented. More importantly, the act outlines specific methods by which a will may be revoked, to adapt to new personal or financial situations that life may present.
The role of Civil Partnerships and Cohabitants Act 2010
Introduced to modernise the property rights of civil partners and certain cohabitants, the Civil Partnerships and Cohabitants Act 2010 has also influenced how wills are treated upon the beginning of a civil partnership. This act has provided new avenues and considerations for revoking wills, particularly affecting those in domestic partnerships not previously recognised by Irish law.
Common reasons for revocation
Changes in financial circumstances
One of the most common reasons for reassessing a will is a significant shift in a person’s financial situation. It could be a sudden windfall such as inheriting a sum of money or property, or the sale of an asset. On the flip side, an unexpected financial downturn could also be a cause for concern. Either way, such changes can necessitate a fresh look at how assets are distributed in the existing will.
Alterations in beneficiary status
As they say, life is a rollercoaster and certainly, this is true for relationships. Changes in relationships—be it through marriage, divorce, or the dissolution of a business partnership—often lead individuals to alter their will. Adjusting beneficiaries is a crucial step in ensuring that one’s estate is left in the right hands.
New family members
On a more positive note, the arrival of new family members, such as births, adoptions, or new marital unions, often prompts the need to include additional beneficiaries in one’s will.
Executor changes
In some cases, the designated executor may no longer be able to perform their duties due to health reasons, relocation, or personal choice. Updating a will to appoint a new executor is a practical reason for its revocation.
Methods of revoking a will
Creating a new will or codicil
The most straightforward method of revoking a will is by drafting a new will or adding a codicil to the existing document. This ensures all changes are up-to-date and legally sound.
Physical destruction of the will
An entirely more dramatic option is to revoke a will through destruction. For this to count, it must be burned, torn, or otherwise destroyed with the explicit intention of revocation. This act must be performed by the testator or in their presence.
Impact of marriage or civil partnership
Entering into a marriage or civil partnership automatically revokes a previous will. There’s one exception to this – if the will was made with the forthcoming union in mind.
Written, witnessed revocation
A will can also be revoked by a written declaration, duly signed and witnessed, much like the will itself.
Consequences of revoking a will
Legal rights shared by surviving spouses or civil partners
Given the legal standing of a will, taking the step of revoking one can have significant consequences for beneficiaries. A will revocation can affect the statutory entitlements of surviving spouses or civil partners, particularly concerning their legal right to share the estate.
Claims against the estate under Section 117
In the aforementioned Succession Act 1965, one important piece of the legislation is outlined under Section 117 which highlights a parent’s “moral duty to make proper provision for the child”.
Essentially, children or dependents may lodge claims against an estate if they believe they have not been adequately provided for, which can occur if a will is hastily revoked or improperly drafted.
Presumption of revocation by loss
If a will known to have existed cannot be found, there is a presumption that it was revoked by destruction. This assumption can lead to complications if the estate goes into intestacy. In more simple terms, a person who has passed away without a will is classed as having died “intestate”.
Professional guidance is essential when revoking a will
Life is full of surprises, whether it’s a new addition to the family or a change in either your relationship or financial status. Naturally, your will should reflect these changes. However, revoking a will is a significant step that should be taken with careful consideration and an understanding of the legal implications.
At Summit Law, we understand the complexities and sensitivities involved in revoking a will. Our experienced team offers confidential and professional advice to navigate these waters smoothly.
Don’t leave your legacy to chance – contact us today to ensure your wishes are perfectly captured and legally secured.