Can revoking a current will automatically reinstate a previous will?

A will may be revoked either by operation of law (e.g., marriage or divorce) or voluntarily by the testator. Voluntary revocation requires testamentary capacity and an intention to revoke, which can be achieved through specific methods, including the execution of a new will, a written declaration of revocation, or physical destruction of the will with the intent to revoke it.

In Queensland, revoking a current will does not automatically reinstate a previous will. Under the Succession Act 1981 (Qld), a revoked will can only be revived by re-execution or by execution of a will that shows an intention to revive the will or part. A revival of a will that was partly revoked and later revoked as to the balance only revives the part of the will most recently revoked. Revival by re-execution requires that the previously revoked will be executed anew with the formalities required for a will, in accordance with section 10 of the Succession Act 1981 (Qld). The previous will must also be physically in existence at the time of revival. A will that has been destroyed cannot be revived. Without such formalities, the previous will remains revoked, and the estate will be distributed according to the rules of intestacy or any other valid will that exists.