When a testator destroys their will with the intention of revoking it, that person does not have a will. The destruction does not mean an earlier will becomes the valid will of that person.
An earlier will can become the valid will if the testator re-executes it, following the formal requirements of making a valid will [Succession Act 2023 (SA) s 21]. This is known as republishing or reviving a will. A will that is revoked and later revived is taken to have been executed on the day it is revived [s 21(4)].
We embrace diversity and welcome all people, irrespective of culture, faith, sexual orientation and gender identity.
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Legal Services acknowledges Aboriginal people as the Traditional Owners and ongoing occupants of the lands and waters in South Australia and we respect their spiritual, cultural and heritage beliefs. We recognise their continuing connection to land, water and community and pay our deep respect to Elders past and present.
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