A dispute over a Will partially destroyed by a 92-year-old woman on her deathbed serves as a “clear reminder” that people should make their testamentary wishes known, an expert has said.
According to reports, the relatives of Carry Keats are embroiled in a £800,000 court dispute after she partially tore up her will on her deathbed.
The incident has led to a legal battle between her five cousins and her younger sister. While hospitalised, Ms Keats reportedly ripped through three-quarters of her will, a move that has raised questions about its legal validity.
Lawyers have informed a High Court judge that Victorian legislation allows for a will to be revoked by tearing it up, provided legal requirements are followed.
Ms Keats died in 2022, just weeks after the incident, leaving an estate valued at £800,000, primarily comprising her home and land in Nomansland, Wiltshire.
The case hinges on the interpretation of the Wills Act 1837, which dictates that for a will’s destruction to be valid, the testator must either destroy the will themselves or properly authorise someone else to do so. The cousins’ lawyer has argued that since Ms Keats’s solicitor rather than the testator finished tearing the will, this could invalidate the act due to a“lack of authority”.
Commenting on this case, Victoria Townsend, who specialises in Contentious Trusts and Probate at leading law firm Smith Partnership, said: “A lot of people are surprised to learn that the Wills Act 1837 is still the governing legislation when it comes to the formalities behind Wills.
“In this case, the dispute is over whether the deceased testator had intended to revoke the Will by way of destruction. Section 20 of The Wills Act 1837 allows for no Will to be revoked but by another Will or codicil, or by writing executed like a Will, or by destruction.
“Had the testator created a subsequent Will, this would have revoked her Will, regardless of whether she completed the action of tearing up the document, but it would appear that she chose not to do so.
“As the cousins of the deceased appear to be claiming that she lacked capacity at the time the Will was torn up, if she had created a new Will rather than just tearing up the old one, it would no doubt be the case that they would also have disputed the new Will on the same basis of a lack of mental capacity.
“As the deceased didn’t have a previous Will, in the event the Court finds the Will to have been validly revoked upon it being partially torn up, the intestacy rules will apply and her sister will inherit.
“It will be interesting to see the judgment and outcome of this case. If nothing else, it is a good reminder to people to make sure you make your testamentary wishes known to people and to ensure you leave a valid will.”
Outlining her wider advice on how to avoid disputes in general, Ms Townsend said: “In order to avoid the issues faced with probate, there must be a focus on informing people about how to properly write a will.
“A lot is to do with being properly informed, going to professionals to write your will, being clear with family members what your intentions are, or just knowing really what may happen if you don’t do this properly,” explains Ms Townsend.
“COVID also engineered a lot of issues for writing wills, which is where a lot of problems have originated from that are now coming to light.
“Keeping things proportionate is important. When people say it’s all about the principle, but they want to do x, y and z, you need to speak to them to identify what their objectives are,” explains Ms Townsend.
“We try to keep things realistic, and let people know at an early stage what they’re looking at so that objectives and expectations are appropriate and clear.
“Will disputes are centred around people who are grieving. Naturally, many years of pent-up emotion, anger and family conflict come to the surface and can be heightened where money and estate assets are involved. Will disputes can be very costly, especially if they reach court.
“I think if people realised how much money can potentially be saved by avoiding will disputes then they would see the sense in spending a few hundred pounds on having a will professionally prepared .
The alternative could result in your family spending 50% of your estate on legal fees to resolve a legal wrangle,” she says.
