Where Can I Find a Revoked Will?

Q.

Is there a legal body that keeps all copies of revoked wills?

A.

It is sometimes the case that an individual will change their mind about their intentions and wishes for the treatment of their affairs after their death. This could happen for a number of reasons; personal or family circumstances may change, or the individual might simply decide that they want something different to happen. Of course, the purpose of a will is to ensure that these wishes are known and adhered to. However, if the wishes of the testator (that is, the individual making the will) change, then it is important that the new will reflects this.

Frequently, changes to a will are minimal; they might involve a minor alteration to inheritance, for example. In these cases, a codicil is used; this is a document that is attached to the existing will, outlining any changes that the testator wishes to make. This is most suitable when additions are being made, although codicils are perfectly acceptable if you wish to revoke a part of your will.

In some cases, however, it may be necessary to revoke an entire will. This might be the case when your circumstances or wishes change to such a degree that a codicil is insufficient or impractical. In these cases, you should revoke the original will entirely and create a new will. The process of revoking a will should answer the question of whether or not there is a 'directory' in which previously revoked wills are filed. When a will is revoked, most solicitors will encourage you to destroy it completely. Wills are frequently stored in the office of the solicitor that helped draft it; this ensures that the executors will know where to find it after the testator's death.

However, it is important that more than one will does not exist simultaneously, particularly if few people are aware of the writing of the second will. Clearly, the existence of two wills could create potentially damaging confusion; if the older will is found first, and without the executor being aware of the existence of the second, then the wills of the testator may not be adhered to. For this reason, there is no reliable legal body that keeps hold of wills that have been previously revoked.

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