Deathbed Drama: Will Revoked, Fortune Up for Grabs

8 November, 2024 4 minutes reading time

Torn-Up Will Revoked? The recent High Court case of Carry Keats, a 92-year-old woman who tore up her Will on her deathbed, highlights the legal requirements for validly revoking a Will in England and Wales. This case is a stark reminder of the importance of clear intentions and testamentary capacity when making or changing end-of-life decisions.

Carry Keats: The Facts of the Case

Carry Keats, who owned a valuable caravan site, had a 2020 Will that left most of her £800,000 estate to her cousins. However, reports indicate she fell out with them in her final weeks and decided to change it.  In January 2022, she summoned her solicitor to her hospital bedside and, with the solicitor’s assistance, partially tore up the document, intending to revoke it.

Unfortunately, Ms Keats lacked the strength to destroy the Will completely and asked her solicitor, Hafwen Webb, to finish the job. Shortly after, she lost capacity due to the administration of painkillers. This led to a legal dispute between her cousins (beneficiaries under her 2020 Will) and her younger sister, who could inherit the entire estate under intestacy rules if the court deemed the Will revoked. With an estate worth £800,000, this case raises a critical legal question: can destroying a Will genuinely nullify its effect?

Legal Implications

1. Intention to Revoke

Section 20 of the Wills Act of 1837 states that you can revoke a Will by “burning, tearing, or otherwise destroying” it with the intention of doing so.

2. Testamentary Capacity

To validly revoke a Will, an individual must possess testamentary capacity, meaning they understand the nature of their act and its effects.

Awaiting the High Court’s Decision

The High Court is currently considering whether Carry Keats validly revoked her Will.  This case hinges on her intention and mental capacity. The court heard testimony from her solicitor, who described Carry’s desire to revoke her Will and then tear it, although she could not entirely destroy it. He then completed the act at her request.

However, Ms Keats’ cousins argued that due to her illness, she lacked the mental capacity to make this decision. The court must now determine whether Ms Keats intended to revoke the Will and had the testamentary capacity to do so when she instructed her solicitor to tear it up. This decision has significant implications and could set a precedent for future cases. We await the judgment and will provide an update.

Key Takeaways

Above all else, this case underlines the importance of keeping your Will up-to-date to ensure it reflects your wishes. Here are a few additional points to bear in mind:

1. Timing: Don’t put off making changes or making your Will. Life is unpredictable, and acting sooner rather than later is crucial.

2. Security: Store your Will securely but ensure someone you trust knows where to find it.

3. Keep Records of Your Wishes: It’s helpful to record your wishes and any changes you make so your loved ones know your intentions.

4. Talk to Your Loved Ones: Open communication with family and friends about your wishes can help prevent misunderstandings and challenges after you’re gone.

5. Review Your Will Regularly: Reviewing your Will might seem like a lot of work, but it matters, especially after significant life events like marriage, divorce, or the birth of a child. 

Our Advice

This case demonstrates the complexities that can arise even in seemingly straightforward situations. To avoid potential disputes, it is vital to seek specialist legal advice on Will drafting, execution, and revocation.

If you have any questions about making a will, estate planning, or the issues raised in this case, please do not hesitate to contact us. We can provide expert advice and guidance tailored to your specific circumstances.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

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