Revocation by destruction must be by the testator or in their presence (Wills Act 1837 s.20)

Section 20 Wills Act 1837 lists the only ways a will can be revoked (apart from marriage or civil partnership). One is 'burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same'. Rukhsana had the intention to revoke and gave a direction, but Zainab tore the will at the flat while Rukhsana was in hospital, so the destruction was not in her presence. Both elements, an act of destruction carried out by the testator or in their presence and at their direction, and the intention to revoke, are required. The will therefore remains unrevoked. Because the original no longer exists, it can be admitted to probate on the basis of the copy, with appropriate evidence.

Why A is wrong: Instructions and intention are not enough; s.20 requires destruction by the testator or by another person in the testator's presence.

Why C is wrong: A mere statement of an intention to revoke, even to family, is not one of the methods of revocation in s.20.

Why D is wrong: Section 20 also allows revocation by a duly executed writing declaring an intention to revoke, or by destruction with intention; the will survives here only because the presence requirement was not met.

Why E is wrong: No statutory declaration can cure the absence of the testator's presence; the requirements of s.20 are fixed.