Revocation clauses are typically found at the start of a will. They function to revoke all prior wills and testamentary documents, ensuring that probate is issued against the will which contains the testator's most up to date intentions for the administration of their estate.
If a testator has assets in multiple countries, it is possible for them to have multiple wills which are typically drafted in accordance with the law of the jurisdiction in which the assets are held. In these circumstances, revocation clauses must be crafted carefully in order to prevent complications with estate administration, such as where a testator may unintentionally revoke a previous will which concerns separate assets. But how do you ensure that each of your wills remains valid?
Sangha v Sangha
The case of Sangha v Sangha concerns a businessman, Hartar Singh Sangha, who had substantial assets in both England and India at the time of his death. Hartar had made four wills throughout his lifetime in 1979, 2003, 2007 and 2016. Complications arose regarding the latter two wills.
Hartar's 2007 will left the entirety of his estate, including his assets in both India and England, to his second wife or failing her their son. Hartar then produced a later will in 2016, disposing solely of his Indian assets in equal shares between his first wife, his sister, and his sons from both marriages. The 2016 will did not provide for any of Hartar's English assets and contained a revocation clause in the following words:
"This is my last and final WILL and all such previous documents stand cancelled".
Initially, the court accepted the ordinary and natural meaning of the language used in the revocation clause and, due to the lack of any compelling evidence to the contrary, found that Hartar's 2016 will was his last and sole valid will. The 2007 will was therefore wholly revoked. The absence of any valid will dealing with the disposition of Hartar's English assets meant that such assets would be administered in accordance with the rules of intestacy. The case was subject to a series of appeals which ultimately upheld the court's initial findings.
Therefore, in the circumstances where an individual has multiple wills governing property in various countries, Sangha v Sangha provides that a general revocation clause will likely be successful in revoking all prior wills even if this results in partial intestacy.
Ensuring all wills are valid
Revocation clauses must be drafted carefully to ensure clarity as to where a will has been revoked, either partially or wholly. Ellisons has a team of dedicated Contentious Trusts and Probate specialists who can assist with disputes that arise out of wills and estates.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.