What Is A Revocation Clause In A Will?

A revocation clause is a short paragraph at the top of a South African will that expressly cancels every previous will and codicil the testator has made. Under the Wills Act 7 of 1953 a will is revoked by a subsequent will or codicil, by marriage, by the dissolution of a marriage (the death of the spouse or divorce), and by the deliberate destruction of the will with the intention to revoke it — a revocation clause is what makes the first of those revocatory mechanisms work in the way most testators expect. Without it, a new will may coexist with an older one and the Master of the High Court may be left to reconcile conflicting bequests; with it, the new will operates as the testator’s last and only testamentary disposition on the matters it covers.

What a Revocation Clause Actually Says

The standard South African revocation clause is short and unambiguous — typically worded along the lines of “I hereby revoke all wills and codicils previously made by me.” That single sentence does the practical work of making the new will the only operative testamentary instrument.

Its position in the document matters as much as its wording:

• It belongs at the top of the new will, immediately after the testator’s identifying preamble (name, ID number, address) and before any substantive bequests.
• It applies to all prior wills, including any that have been lost, mislaid, or destroyed — not only to wills the testator still has in their possession.
• It is not a separate document; it is a clause embedded inside the will itself, and it shares the will’s execution formalities.

How It Works Under the Wills Act 7 of 1953

The Wills Act 7 of 1953 (as amended, principally by the Wills Amendment Act 41 of 1992) sets the framework for both the execution and the revocation of wills in South Africa.

Execution formalities — section 2(1)(a)

Section 2(1)(a) of the Act requires that a will be signed by the testator (or by someone else at the testator’s direction and in their presence) in the presence of two or more competent witnesses who are present at the same time, and who then sign the will in the presence of the testator and in the presence of each other. A “competent witness” under the Act is at least 14 years of age and able to give evidence in a court of law. A revocation clause, like every other clause in the will, is valid only if the will as a whole meets these formalities.

Curative powers — section 2A

Section 2A (inserted by the Wills Amendment Act 41 of 1992) gives a court the power to direct that a document that does not strictly comply with the section 2(1)(a) formalities be accepted as a will, or to order the Master to accept such a document. This is the safety net for defective execution — it does not replace the ordinary formalities, but it gives a court room to cure a technical non-compliance where the document still records the testator’s intended testamentary wishes.

Effect of marriage and contemplation of marriage — sections 2B and 2C

The Act, as amended, addresses the common-law rule that marriage revokes a prior will. Section 2B sets out the effect of a subsequent marriage on an existing will, and section 2C preserves an exception where the will was made in contemplation of a particular marriage (the will is then deemed to have been made in contemplation of that marriage, unless the contrary is shown). This is the statutory exception practitioners use when drafting wills for engaged clients whose marriage is imminent.

The revocation clause itself is not separately regulated

Statute does not prescribe specific wording for a revocation clause. The clause is a practical drafting mechanism — it tells the reader (and ultimately the Master and the court) that the testator intended this document to replace all earlier testamentary instruments. The Act’s revocation rules operate regardless of whether the clause appears; the clause’s job is to remove ambiguity.

What Happens Without a Revocation Clause

Where a new will is silent on revocation, an earlier will remains on record. The common-law “last will” rule still applies — the most recent validly executed will takes effect — but ambiguous language can lead to partial revocation, parallel operation of two wills, or unintended legacies from the older will surviving.

This is the drafting pitfall sometimes called “hot-chopping”: drafting a new will without an express revocation clause and assuming the old one disappears. It is the most common mistake in DIY or unrepresented wills, and it is exactly the situation the standard revocation clause is designed to prevent. Practitioners almost universally include one in every new will to remove any argument that the testator intended both wills to coexist.

Revocation by Marriage, Divorce, and Destruction

Beyond revocation by a subsequent will, the Wills Act and the common law recognise three further ways a will (or parts of it) can be revoked. These are independent of the revocation clause — they operate whether or not the clause is present.

Trigger	Effect on the will	Source
Marriage	Marriage (other than out-of-community marriages governed by an Antenuptial Contract that excludes the accrual system) revokes a prior will. Wills made in contemplation of a particular marriage are an exception.	Sections 2B and 2C of the Wills Act 7 of 1953
Divorce or dissolution of marriage	Under section 2B (as amended), dispositions in favour of the former spouse — and any appointment of the former spouse as executor, trustee, or guardian — are treated as revoked if the testator dies within three months of the divorce or annulment, unless the will clearly states otherwise. The effect is that the former spouse is treated as if they had predeceased the testator for those purposes.	Section 2B of the Wills Act 7 of 1953
Destruction	Burning, tearing, or otherwise physically destroying the will with the intention to revoke it is itself a method of revocation at common law. Where a revocation clause is absent and an heir in possession of the will destroys it intending to revoke, the testator’s intent is presumed and the destroyer faces a heavy burden of proof on that intent.	Common law (codified by section 2A procedure in disputes)

These are statutory and common-law revocation mechanisms that operate alongside — not in place of — a revocation clause. The clause is the prevention; these are the independent rules that apply whether or not the will is drafted with a revocation clause.

Common Mistakes and Pitfalls

• Forgetting the clause when re-doing a will. A frequent consequence of DIY online templates that omit the standard preamble.
• Adding a revocation clause to a codicil without realising it only amends what the codicil expressly addresses. The rest of the original will remains in force.
• Failing to physically destroy the previous will after the new one is signed. Best practice — even though the revocation clause is the legally operative step — because an old will still in existence can be produced and disputed.
• Naming a foreign will in a SA will without realising the revocation clause may not override the foreign will’s own scheme. Cross-border estate planning should be discussed with a wills attorney who can coordinate the two instruments.

When to Update a Will (and the Revocation Clause)

A new will (carrying its own revocation clause) supersedes the old one in full; a codicil amends specific clauses without revoking the whole will. Either is the right tool — the wrong tool is hand-writing changes on the existing will, which generally invalidates the will under the section 2(1)(a) formalities.

Triggers that warrant revisiting a will include marriage, divorce, the birth of a child, the death of a beneficiary, a change in executorship or trusteeship, and a significant change in assets.

What to Bring to a Wills Consultation

1. Your South African ID.
2. Your Antenuptial Contract, if you are married (and especially if married out of community of property).
3. Any existing wills or codicils.
4. A list of beneficiaries, executors, trustees, and guardians for minor children.
5. A list of major assets and any specific bequests (specific items, fixed amounts, or residuary instructions).
6. Where cross-border assets are involved, the existing foreign will — so the attorney can plan the revocation clause around it rather than against it.

Frequently Asked Questions

What does a revocation clause in a will do?

It cancels every previous will and codicil the testator has made, so that the new will is the only operative testamentary instrument. Without the clause, the new will takes effect as the most recent will, but the old will remains on record and can give rise to interpretation disputes about whether the testator intended both to coexist.

Do I need a revocation clause in my South African will?

Practitioners include one in every new will as standard practice. It is not strictly required by the Wills Act 7 of 1953 — the Act’s rules on revocation by subsequent will operate regardless — but it removes ambiguity about whether the testator intended the new will to replace the old one.

Does a new will automatically revoke an old will in South Africa?

Yes, under the Wills Act 7 of 1953 a subsequent will revokes a prior will. The revocation clause is the language that makes this unambiguous in the document itself; the underlying rule applies whether or not the clause appears.

Does a codicil revoke the entire will?

A properly drafted codicil typically carries its own revocation clause but only amends the clauses it expressly addresses. The body of the original will remains in force for matters the codicil does not touch. A codicil is the right tool for a targeted change; a fresh will is the right tool for a full rewrite.

Does a South African will revoke a foreign will?

Not necessarily. The revocation clause in a SA will operates against prior wills to which the testator was subject; foreign wills may sit outside its reach depending on the foreign jurisdiction’s conflict-of-laws rules. A cross-border estate plan should be drafted with both wills in mind and is a job for an attorney who practises in both jurisdictions.

Do I need to destroy the previous will after signing a new one?

It is best practice to destroy the previous will after the new one is signed, even though the revocation clause is the legally operative step. Physical destruction removes the risk of an heir producing the old will and arguing about which version reflects the testator’s last intentions.

For clients drafting a new will, reviewing an existing one, or adding a codicil to amend specific clauses, Burger Huyser Attorneys’ Wills & Estates practice takes instructions from the head office in Linden, Randburg (49 First Avenue, 011 888 0246) and from branches across Gauteng (Bedfordview, Roodepoort, Centurion, Pretoria, Sandton, Alberton, and Midrand). Initial consultations are booked through the branch nearest to you; bring your existing will if any, your ID, your Antenuptial Contract where applicable, and a list of the beneficiaries and major assets you want to cover. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”).