CASE: In the Estate of Edward Steven Middleton [2019] QSC 128

If you tear up your Will, does it cancel the Will or does it only cause a whole lotta headache for the administrator of your estate?

In this case, both.

There is a presumption that where the Will was last in the possession of the testator, and it cannot be located after their death, that the testator intentionally destroyed their Will intending to revoke it.

This is problematic where the Will has simply been misplaced or destroyed unintentionally.

But even if you do rip up you Will with dramatic flourish, wholly intending to cancel it, how can anyone know that for sure? It still needs to be proven which in itself is a hassle.

This case serves as a good example that even if your action has the intended outcome, there may have been an easier way to get there.

It also demonstrates that destroying your last Will does not automatically revive your earlier Will and may result in you having died with no Will at all.