Partial vs. Full Revocation of Wills in British Columbia: How to Update or Erase Your Estate Plan

Making a will is an important step in planning your legacy. But your family situation, finances, or wishes may change over time. Fortunately, British Columbia law is flexible. Under the Wills, Estates and Succession Act (WESA), you can revoke an old will entirely (full revocation) or make targeted updates (partial revocation). This article explains the legal methods, common pitfalls, relevant court cases, and practical tips for keeping your estate plan up to date.

What Is Revocation?

Revocation means making a will, or part of it, no longer legally valid. Section 55(1) of the Wills, Estates and Succession Act (WESA) is the primary law that lets you revoke "a will or part of a will." This distinction matters. Full revocation wipes out your entire estate plan, so if you don't have another valid will, it's as if you never made one. Partial revocation lets you delete or change individual clauses, tailoring your plan to your current needs.

How To Revoke Your Will: The Main Options

Making a New Will (s. 55(1)(a))

If you write a new will that includes a statement saying it cancels all previous wills (for example, “I revoke all prior wills”), it automatically replaces the earlier documents. 

Destroying the Original Will (s. 55(1)(c))

You, or someone acting under your direction and in your presence, can physically destroy the original will (by burning, tearing, shredding, etc.). Crucially, this must be done with the intention to revoke. Merely damaging the will without clear intent is not enough. Destroying a copy does not revoke a will if the original is still securely stored, as established in Morton v Christian, 2014 BCSC 1303.

Any Other Deliberate Act, Section 58’s Curative Powers (S. 55(1)(d))

Section 58 gives courts the power to "cure" technical defects in revocation. Even informal acts like crossing out words, writing "cancelled" in the margins, or deleting a digital file may revoke a will if there is convincing evidence of your clear intention. The law is designed to balance formal requirements with your true wishes in a digital age.

Partial Revocation Explained

Sometimes, you may not want to start from scratch. If you only want to change or remove a specific clause, partial revocation is the answer.

Writing a Declaration 

You can make a formal, signed declaration (in front of two qualified witnesses) that cancels all or part of your existing will. This declaration must clearly identify the will being revoked and express your intent to cancel it. For partial revocation, you can specify which sections or provisions are affected. 

The declaration does not need to be lengthy; it just has to be precise, properly witnessed, and unambiguous about your wishes. Many people use this option when they no longer want a specific gift or need to remove a beneficiary but wish to keep the rest of their will intact.

A Codicil 

A codicil is a formal amendment to your will. It allows you to change, remove, or add specific provisions, partially revoking and updating only the sections it addresses. All other clauses (not mentioned in the codicil) remain in full force. A codicil must be signed and witnessed just like a will. For example, you might use a codicil to change a gift or appoint a new executor, leaving everything else the same.

Making Handwritten Changes: Section 54 and Witnesses

Sometimes people want to make changes to their wills by adding, crossing out, or revising specific words by hand. Under Section 54 of the WESA, you must follow strict rules for these alterations to be legally effective. Handwritten or physically altered changes are generally only fully effective if properly signed and witnessed; otherwise, only words made illegible are revoked unless a court validates the change under s. 58.

If you have missed these formalities but your intention is unmistakably clear, courts may still correct things under Section 58, but only with strong evidence as illustrated in the case of Re Hadley Estate, 2017 BCCA 311, the BC Court of Appeal reaffirmed that extrinsic evidence, such as emails, witness statements, and medical records, can be used to determine whether a non-compliant document reflects a person’s final testamentary intent. 

Practical Tips for Will-Makers

• For minor, straightforward changes, use a codicil and follow legal signing and witnessing rules carefully.

• If you want to revoke everything, destroy the original (not just a copy) or make a brand new will.

• Make sure your intention is clear and ideally supported by emails, letters, or conversations with your executor.

• Label informal drafts or notes clearly (e.g., "NOT A WILL") to avoid confusion.

• Store the original in a safe place, and let your executor or loved ones know where it is.

Frequently Asked Questions

Does marriage revoke my will?
No. In BC, marriage does not revoke a will. You must use one of Section 55’s formal methods.

Can handwritten changes alone revoke a will or clause?
Only when you and two witnesses sign beside the change. Otherwise, only parts made truly unreadable are revoked; unless a court later accepts other evidence under Section 58.

Can courts use extrinsic evidence?
Yes. Re Hadley Estate, 2017 BCCA 311 confirms courts can look at emails, statements, or medical notes to clarify your true wishes.

Does destroying a photocopy count as revoking the will?
No. Only destroying the original document counts, as established in Morton v Christian, 2014 BCSC 1303.

Key Takeaways

• You can revoke all or part of your will, but you must follow specific steps.

• Codicils are reliable for minor changes but must meet all legal formalities.

• Handwritten changes are valid only if properly signed and witnessed.

• Section 58 gives courts a "safety net" to enforce your wishes if you make a technical mistake.

• Intent matters, but clear records and legal guidance reduce confusion.

Need Advice?

If you believe a will treats you unfairly or want to ensure your own estate plan avoids future disputes, book a consultation with Parr Business Law. We’ll walk you through your rights and help design a plan that protects your loved ones and your legacy.

Sources

• WESA Sections 37, 54, 55, 58

• Morton v. Christian, 2014 BCSC 1303

• Re Hadley Estate, 2017 BCCA 311

Editing for clarity and accuracy assisted by OpenAI, Perplexity, and Grammarly.