Important Information on How to Revoke a Will - Barry Healy & Company, Solicitors, Monaghan

1. Section 85 of the Succession Act 1965 governs the revocation of wills and provides that a will is revoked in the following circumstances:

(a) by a subsequent marriage, except made in contemplation of that particular marriage; ( It is unnecessary that the will states on its face that the will is made in contemplation of marriage. In this circumstance it is best if the will would state that it is made in contemplation of Marriage, however if it is not stated it can be proved by extrinsic evidence.)

(b) by a will or codicil properly executed

(c) by some writing declaring an intention to revoke the will and executed in the manner in which the will is required to be executed;

(d) by the burning, tearing or destruction of the will by the testator with the intention of revoking it

(e) by the burning, tearing or destruction of the will by some person (a) in the presence of the testator and (b) by his or her direction, with the intention of revoking it .

 

These are finite ways in which a will can be revoked. Section 85 provides that a will cannot be revoked in any other way.

 

If you wish to amend and or revoke a will or you wish to make your will contact Barry Healy & Company, Solicitors, Monaghan. Tel 047 71556