Introduction

The law regarding will writing allows for one to revoke his or her will as many times as they wish for as long as they live. Section 15 of the Wills Act [Chapter 6:6] outlines various processes for the revocation of wills.

What is revocation of a will

Revocation of a will is when the testator no longer wants to be bound by the conditions of the will. A testator has every right to revoke the will either in part or wholly.

Methods of revocation of a will

  1. Making a new will and this includes an oral will, which expressly revokes the first-mentioned will or part thereof or which is inconsistent with the provisions of the first-mentioned will or part thereof; or
  2. When the testator
  1. obliterates, renders illegible, excises, tears up, burns or otherwise destroys the will or part thereof; or
  2. draws lines through the will or part thereof and adds words such as "cancelled" or "revoked" or similar words indicating an intention to revoke the will or part thereof; or
  3. obliterates, renders illegible, excises or otherwise destroys the testator's signature either at the end of the will or on the page containing the part concerned, as the case may be; with the intention of revoking the will or part thereof concerned, as the case may be

In the case of an oral will, in the event that the testator does any act which amounts to a revocation of the oral will in accordance with the law or custom under which the oral will was made the will may be rendered to have been revoked.

Further, other instances include where a testator voluntarily sells, donates or otherwise disposes of any property that is the subject-matter of a legacy in his will, it shall be presumed, unless the contrary is proved, to have intended to revoke the legacy to the extent that it relates to such property.

Can a revoked will be revived

A will or any part thereof that has been revoked or become void may be revived by the subsequent remaking of the will or part concerned or a subsequent will which expressly or by clear implication revives the revoked or void will or part concerned.

The revocation or rendering void of a will or any part of a will shall not have the effect of reviving any other will or any part of another will that may have been revoked by the first-mentioned will or part thereof.

Can a joint or mutual will be revoked by one party

A surviving testator who is subject to a joint and mutualwillshall not have the right to revoke the will to the extent that such revocation amounts to a massing of the estates or any property of the joint testators

Conclusion

The law in Zimbabwe allows for a testator to revoke his or her will as many times as they can as long as they are still alive. There are no barriers as to the number of times one can revoke their will.

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.