Cross-border wills and revocation clauses

It is normal practice to include in a will a provision revoking all former wills and confirming that the will being drafted is intended to be the testator’s last will. One sound, practical reason for this is to ensure that, when the time comes, only the ‘last will’ in point of time need be admitted to Probate. In some cases, there is the additional point that there may be some uncertainty as to what previous wills the testator had made, especially if he or she had served in the armed forces and been in a position to make an informal will. However, the insertion of a wide-ranging revocation clause clearing away previous wills and leaving the draftsmen with a clean-sheet does have dangers. An increasing number of clients own property in more than one jurisdiction. A will made in one country may unintentionally revoke a will in another country, which contained carefully drafted provisions tailor-made to govern the devolution of property in that other country. The Court was asked to consider whether an English will had been revoked by a will made in another country in Lamothe v Lamothe (2002) EWHC 1387 Ch.