The laws around wills and probate are as intricate as the family dynamics they often involve. The case of Carry Keats, who passed away in 2022 leaving an £800,000 estate and a partially destroyed will, is a striking example of this complexity and the drama it can lead to.

What happened?

In her final days, Carry, aged 92, decided to change her estate plans. Her original will favoured five cousins, but a dispute led her to want her sister Josephine to inherit everything. In an effort to revoke her existing will, Carry tore through it herself and asked her solicitor to complete the act when she was too weak to finish the task.

This decision set off a heated legal dispute. Carry’s cousins argued she lacked the mental capacity to revoke her will, raising critical questions about testamentary capacity and the legal requirements for revoking a will under the Wills Act 1837. The main point of dispute related to whether Carry had the capacity to give the appropriate intention to revoke her existing will.

Revoking a will: what the law says

Under the Wills Act 1837, a will can be revoked by:

• Destroying it through actions like tearing or burning, either by the testator or someone directed by them.
• The act must be intentional and done with a clear mind.

The Court had to decide whether Carry’s actions—partially tearing the will and instructing her solicitor to finish the job—met these legal criteria.

Key issues in the case

1. Capacity: Carry’s cousins argued that her illness and medication impaired her capacity. However, her solicitor testified that Carry understood her actions during a lucid moment.
2. Intention: The solicitor’s evidence showed that Carry was resolute in her wish to revoke the will.
3. Execution: The cousins contended that Carry’s inability to fully destroy the will herself invalidated the revocation. The Court had to decide if her actions, combined with her solicitor’s involvement, were legally sufficient.

Lessons from Carry’s case

This case underscores the importance of thorough estate planning:

• Regularly review your will to ensure it reflects your current wishes.
• Seek professional advice if you need to amend or revoke a will to avoid future disputes.
• Address family issues early to minimise conflict later.

On the 15 November, two years after Ms Keats passing, Deputy Master John Linwood ruled in favour of her sister in the landmark case, finding Carry had wished to disinherit the cousins and had done so lawfully, despite medical evidence suggesting otherwise. The Court paid particularly close attention to the fact that Carry’s solicitor have detailed recollection and confirmed that Carry did in fact know what she was doing and received professional advice throughout. This affirms that it is particularly important to ensure your estate planning and will are prepared by a qualified and experienced professional.

'In my judgment there was actual tearing combined with intent...Carry did sufficiently destroy the will as it was entirely torn in half as she intended,' he said.

How Switalskis can help

Our inheritance dispute solicitors are experts in contentious wills and probate matters. We understand the delicate balance of legal requirements and family dynamics, offering practical advice tailored to your situation.

Whether you’re facing a dispute or want to ensure your estate is protected, we’re here to guide you every step of the way. Contact us for a confidential consultation.

Call us on 0800 1380 458 or email help@switalskis.com