Revoking a will

Revoking cancels a previous will or part of a current will. A will may be revoked in whole or in part.

You can wholly revoke a will. If you do not make a new will, your succession will be settled as though you had never had a will.

You can revoke only certain parts of a will. However, partial revocation is not recommended as it forces the liquidator to determine the compatibilities and incompatibilities between the two documents. This is often no easy task and may create conflicts between your heirs.

The best way to revoke a will is to clearly state that the previous will was revoked in the new document.

A jurist can advise you and write a proper testamentary revocation or new will for you.

To be valid, the revocation must be made in the same form as a will, that is to say in holograph or notarial form or in the presence of witnesses.

The chosen form does not have to be the same as your will. However, the revocation must be probated by a court or a notary after your death if it was made in holograph form or in the presence of witnesses. You may also revoke all or a part of a will other than in written form, for instance by giving or selling the bequeathed property before your death or by destroying the original of your holograph will or your will made in the presence of witnesses.

You may also strike out the clauses you wish to cancel in the original of your holograph will or your will made in the presence of witnesses. In this event, we strongly recommend signing and dating the erasures so that your liquidator knows you are the one who amended the will.