Interpretation & revocation
Wills are construed to give effect to the testator's intention, and can be revoked or altered only in the ways the statute allows.
What "Interpretation & revocation" covers
- A will can be revoked by a later will or codicil, or by an express revocation clause: Wills Act 1837 s.20.
- Revocation by destruction requires the physical act (burning, tearing or destroying) coupled with the intention to revoke: Wills Act 1837 s.20.
- Marriage or the formation of a civil partnership revokes an earlier will, unless the will was made in expectation of that marriage: Wills Act 1837 s.18.
- On divorce or dissolution, the former spouse or civil partner is treated as having died on the date of dissolution for gifts and appointments: Wills Act 1837 s.18A.
- A will speaks from death as to the property it disposes of (s.24), but from the date of execution as to the people described, unless a contrary intention appears.
- Alterations are ineffective unless executed like a will or shown to have been made before execution: Wills Act 1837 s.21.
- Under s.33, a gift to the testator's child or issue who predeceases passes to that person's issue living at the testator's death, unless a contrary intention is shown.
Key cases & statutes
The authorities and provisions most likely to matter for this subtopic:
How it's tested in SQE1
SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For interpretation & revocation, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.
Where candidates lose marks
- Overlooking that a later marriage revokes an existing will.
- Treating unattested manuscript alterations as effective.
- Assuming a gift lapses when the s.33 substitution for issue applies.
Learn this subtopic in the course
A video lesson, notes and exam-style practice on interpretation & revocation.
FAQ
Is interpretation & revocation tested on SQE1?
Yes — interpretation & revocation is part of the SQE1 Wills & Administration of Estates syllabus (FLK2) and can appear in single best answer questions.
How is interpretation & revocation examined in SQE1?
SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (Wills Act 1837 s.20, Wills Act 1837 s.18) helps.