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Finding multiple wills when someone dies is more common than you might expect. A testator may have updated their will several times, forgotten about an older document, kept wills in different places, or deliberately maintained separate wills for UK and overseas assets. Knowing which will is valid — and when an older will might still apply — is the foundation of correct estate administration. For a broader overview of your role, see our guide on executor next steps and how to read a will.
Under the Wills Act 1837, a will can be revoked by a later will or codicil. Almost all professionally drafted wills contain an express revocation clause at the beginning: "I revoke all previous wills and testamentary dispositions made by me." Where such a clause exists, the earlier wills are revoked in their entirety the moment the later will is executed.
The rule is simple in its application:
Where the later will does not contain a revocation clause, the earlier will may continue to apply for assets not covered by the later will — a form of partial revocation. This is unusual but not unknown, particularly in homemade wills.
Always check the date on the face of each will. Professionally drafted wills are almost always dated — the date appears at the top of the document or immediately before the signature.
Complications arise when:
If the later will lacks a revocation clause (or if it only addresses some of the testator's assets), the earlier will remains valid for assets not covered by the later document. This creates a situation analogous to partial intestacy — two sets of rules applying in parallel.
Example: the testator's 2018 will leaves their entire estate to their spouse. Their 2023 will (without a revocation clause) leaves their house to their daughter. Both wills are valid: the daughter takes the house under the 2023 will; the spouse takes everything else under the 2018 will.
Where partial revocation arises, you may need to submit both wills to the Probate Registry. The Grant will be issued in respect of both documents. Seek legal advice before proceeding if this situation arises. For related issues, see our guide on wills with no residuary clause.
A very common scenario is a married couple or civil partnership with "mirror wills" — near-identical wills, each leaving everything to the survivor and then equally to the children. Each will is a completely separate legal document.
When one spouse dies, you only need the deceased's will. But you must still search for it carefully:
See our guide on finding the will for a comprehensive search checklist.
Where a will cannot be found, the starting assumption is that the testator destroyed it with the intention of revoking it. Deliberate destruction with intent to revoke is a valid method of revocation under the Wills Act 1837.
However, if there is evidence that the will existed and the testator did not intend to revoke it (for example, if there is a photocopy and witnesses testify that the testator wanted it to remain in force), the court can admit a copy of the will to probate. This is a formal legal process requiring an application and affidavit evidence, and you should take legal advice immediately if this arises.
The National Will Register can help establish whether a will was registered. Many solicitor-drafted wills since the 1990s are registered, though registration is not compulsory. See our guide on finding the will.
UK nationals sometimes hold property or assets in other countries and maintain a separate will for those overseas assets. A foreign will and a UK will can validly coexist — provided each was deliberately drafted to apply only to the assets in its territory and neither revokes the other.
Common scenarios:
Check whether the UK will contains a revocation clause broad enough to revoke the foreign will. If there is any doubt, seek advice from a lawyer qualified in the relevant foreign jurisdiction before proceeding.
Mutual wills are a specific and complex arrangement where two testators (usually spouses) make wills in agreed terms and enter into a binding contract not to revoke their wills after the first death. Mutual wills are different from mirror wills:
The doctrine of floating trust (or constructive trust) applies to mutual wills: when the first testator dies, a constructive trust arises over the survivor's estate binding them to honour the agreed disposition. If the survivor then makes a new will, it may be challengeable by the intended beneficiaries.
If you discover evidence that the deceased and their spouse may have had mutual wills, take legal advice immediately before administering the estate. This is a complex area of equity law that can profoundly affect who ultimately inherits. See our guide on contentious probate.
Submit the most recently dated will to probate, provided it contains a revocation clause revoking earlier wills (which almost all solicitor-drafted wills do). If it lacks a revocation clause, the earlier will may still apply for assets not covered by the later one. Take legal advice if unsure.
Yes. Under the Wills Act 1837, marriage (or the formation of a civil partnership) automatically revokes any existing will made before that marriage. If the deceased remarried after making their will and did not make a new will after remarriage, they died intestate. This is a surprisingly common trap. Divorce does notautomatically revoke a will — it only removes the former spouse as a beneficiary or executor.
Generally no — you submit only the operative will and any valid codicils. However, the Probate Registry may ask you to account for other wills you know about. If partial revocation has occurred (multiple wills each valid for different assets), you may need to submit more than one. The Registry will advise on what they need when you apply.
Not automatically. Under the Wills Act 1837, a will revoked by a later will is not automatically revived if the later will is found to be invalid. The court may grant probate of the earlier will if the later will is entirely invalid and there is clear evidence the testator intended the earlier will to govern. This requires a formal application and legal advice.
Yes — once you have established that the older will has been validly revoked by a later will containing a revocation clause, the older will has no legal effect. You do not submit it to probate. Keep it on file in your administration records, however, in case the validity of the later will is ever challenged.
Common places to search for a will, using the National Will Register, and what to do if you can't find one.
A codicil amends a will without replacing it. Learn the formal requirements, how codicils affect the probate application, what happens when a codicil conflicts with the will, and why new wills are usually better.
A valid will in England and Wales must be signed by the testator and two independent witnesses. Use our four-point checklist to assess formal validity before applying for probate.
How to contest a will: valid grounds, who can contest, caveat process, mediation vs court, costs £3K-£100K+, success rates, and timeline.
An introduction to contentious probate: what it covers, the two main types of dispute (will validity challenges and Inheritance Act claims), the courts involved, costs, and the first steps to take.
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