Succession Act 1965

Revocation of will.

[New. Cf. 1837 (c. 26) s. 18]


85.(1) A will shall be revoked by the subsequent marriage F49[or entry into a civil partnership] of the testator, except a will made in contemplation of that marriage F49[or entry into a civil partnership], whether so expressed in the will or not.

F50[(1A) Notwithstanding subsection (1), where the parties to a subsisting civil partnership with each other marry each other, a will made in contemplation of entry into the civil partnership or during the civil partnership by a testator who is a party to the marriage shall not be revoked by that marriage and a reference in the will to the testators civil partner shall be construed as a reference to the testators spouse.]

[1837 (c. 26) ss. 19, 20]

(2) Subject to subsection (1), no will, or any part thereof, shall be revoked except by another will or codicil duly executed, or by some writing declaring an intention to revoke it and executed in the manner in which a will is required to be executed, or by the burning, tearing, or destruction of it by the testator, or by some person in his presence and by his direction, with the intention of revoking it.




Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 79, S.I. No. 648 of 2010.


Inserted (16.11.2015) by Marriage Act 2015 (35/2015), s. 17, S.I. No. 504 of 2015.