Revoking a Will In NSW –
My father destroyed his first Will when he remarried. However, on his death, we are not able to find a new Will. Does the first Will remain valid?
Whether your father’s first Will remains valid, will depend on whether his first Will has been revoked.
Under the Succession Act there are a number of ways a person (or the Court) can revoke a Will, including:
– The Court can order a minor’s Will be revoked;
– The Court can order a Will be revoked if a person lacked testamentary capacity;
– A Will is revoked by the marriage of the person making the Will unless it was made in contemplation of the marriage;
– A divorce or annulment of a marriage will revoke any beneficial disposition in the Will to the former spouse;
– A later Will means that the earlier Will is revoked;
– A declaration by the person who made the Will that it is revoked;
– By the person who made the Will burning, tearing or otherwise destroying the Will with the intention of revoking it;
– By the person making the Will acting in such a way that the Court is satisfied from the state of the Will that the person intended to revoke it.
From what you mentioned in your question, your father destroyed his first Will. This may mean that his first Will is revoked if, it can be shown that your father destroyed the Will with the intention of revoking it.
To prove that your father’s first Will was revoked, you need to gather evidence from people who may have been present when he destroyed the Will, or people your father spoke to, in relation to his intent in destroying the Will.
It is also important to note that even if your father did not intend to revoke his first Will, it would be revoked under the Succession Act when he remarried.
Accordingly, our father’s first Will has been revoked and is no longer valid. If no other Will has been found, then your father’s Estate will be dealt with in accordance with the Laws of Intestacy. The Laws of Intestacy set out who is to be a beneficiary of an Estate when a person dies without a valid Will.
If you need advice on whether a Will is valid then you need to seek legal advice from an Expert Wills & Estates Lawyer. You need to speak to the expert lawyers at Sydney Wills Lawyer – We specialise in Wills & Estate Law and pride ourselves on our open and honest communication with clients.
Offices are conveniently located in Sydney CBD, close to public transport.
Call today for an appointment on 9221 2779 or email, email@example.com