KembaraXtra - Legal Terms - Revival of Will

Revival of a will is the legal process by which a previously revoked will becomes effective once again. A will that has been revoked does not automatically regain legal force. Instead, it must be revived using one of the methods prescribed by law. The rules governing revival are contained in the Wills Act 1837. These rules ensure certainty regarding a testator’s final intentions.

A revoked will may be revived by re-executing the will with all the required legal formalities. Alternatively, the testator may execute a codicil that clearly shows an intention to revive the earlier will. A codicil is a supplementary document that amends or confirms an existing will. The codicil must itself comply with all statutory execution requirements. Mere verbal statements are insufficient to revive a revoked will.

The Wills Act 1837 provides that these are the only lawful methods of revival where the will was revoked otherwise than by destruction. If a will has been physically destroyed with the intention of revocation, revival generally requires the execution of a new will incorporating the desired provisions. Strict compliance with statutory formalities protects against fraud and uncertainty. The law therefore places great emphasis on proper execution.

Once revived, the will is treated as though it had been executed on the date of its revival rather than its original execution date. This legal effect may influence the interpretation of the will and the distribution of property. Circumstances existing at the date of revival may therefore become legally significant. Revival can also affect the operation of later codicils and testamentary gifts. Accordingly, timing is an important consideration.

Revival of a will should be distinguished from republication of a will. Republication confirms an existing will that remains legally valid, whereas revival restores a will that had previously been revoked. The distinction is important because different legal consequences follow from each process. Both doctrines demonstrate the importance of giving effect to the genuine intentions of the testator. The law carefully regulates these procedures to ensure certainty in succession.