Can a new will revoke an existing will in Virginia?

Full question:

I shifted to Virginia a year ago and made a will soon after I shifted here. Now I want to revoke my will and make a new one. Does a subsequent will revoke a prior will? Tell me the other ways I can revoke my will.

• Category: Wills and Estates
• Subcategory: Revocation
• Date: 04/07/2025
• State: Virginia

Answer:

Yes, a new will can revoke a previous will in Virginia if it is executed properly and explicitly states that the former will is revoked. A codicil, if there is one, is also revoked with the old will.

You can revoke your will in several ways:

• The testator can revoke their will by physically destroying it (cutting, burning, or obliterating it) themselves or by someone else in their presence.
• Creating a new will or a written document that meets the legal requirements for a will can also revoke an old will, especially if it clearly states that the previous will is revoked.
• A new will that is inconsistent with the old will will revoke the old will, even if it doesn't explicitly state that it revokes it.

Once a will is revoked, it cannot be revived unless it is re-executed according to the law, and the testator's intent to revive it must be clear.

Additionally, certain life events can automatically revoke parts of a will:

• If the testator divorces their spouse, any provisions for the former spouse are revoked unless the will states otherwise.
• If a spouse is married after the will is made and not mentioned in the will, they may inherit as if there were no will.
• If children are born or adopted after the will is made and are not mentioned, they may inherit as if there were no will.

For more information, refer to the relevant Virginia statutes: Va. Code Ann. § 64.2-410 (revocation of wills), § 64.2-411 (revival of wills), and § 64.2-412 (revocation by divorce).