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Burning, tearing or otherwise destroying

28 October 2024

The Telegraph recently reported on the ongoing battle between family members of Carry Keats who, during her final illness in hospital in 2022, physically ripped through three-quarters of her Will. Mrs Keats was 92 when she died.

Mrs Keats had successfully owned a caravan site, and her estate was estimated to be worth approximately £800,000, comprising mainly her home and the caravan site in Wiltshire. She had made her Will about 18 months before her death and had left the majority of her estate to five distant cousins (David Crew, his sister, Angela Crew, and their cousins Kevin, Jason and Leon Whitehorn).

Mrs Keats’ Will left her younger sister, Josephine Oakley, nothing. David Crew has claimed that Mrs Keats had chosen not to include Mrs Oakley in her Will because of ‘lending money’ and an alleged infidelity when Mrs Oakley was younger and of which Mrs Keats disapproved.

Section 20 of the Wills Act 1987 provides that ‘No Will or Codicil….shall be revoked otherwise than….by another will or codicil…. or by some writing declaring an intention to revoke…. or by the burning, tearing, or otherwise destroying the [Will or Codicil] by the testator, or by some person in his presence and by his direction, with the intention of revoking the [Will or Codicil]’.

Mrs Keats’ cousins have claimed that she did not properly revoke her Will because she was too weak fully to rip the document through and also that Mrs Keats did not have the necessary mental capacity to revoke her Will, because she was in pain and was taking medication.

At a court hearing, Mrs Oakley claimed that, towards the end of Mrs Keats’ life, they had grown closer. She had done food shopping for Mrs Keats, taken her for Sunday lunches and to GP appointments. Mrs Oakley has also claimed that, during this period, Mrs Keats had fallen out with David Crew and his sister ‘after they indicated that they were going to put [Mrs Keats] in a nursing home if she had another fall’.

The ‘partial’ ripping through of Mrs Keats’ Will had taken place in the presence of her long-time lawyer, who completed the tearing process.

Mrs Keats’ lawyer, at the court hearing, advised that Mrs Keats was a ‘well-known and long-standing client’ and that her ‘character hadn’t changed’. She had advised Mrs Keats that if she died intestate, her sister would inherit her estate. Mrs Keats had responded that ‘their father would be pleased’ and that ‘she wasn’t happy that the Will was in place’. Her lawyer advised that ‘she gave me instructions and from that I took it that she had capacity’.

Mrs Keats had previously attended her solicitors in November 2021, advising that she had wanted to remove her cousins from her Will after a falling out.

If it is found that Mrs Keats has properly destroyed her Will, her sister will inherit her entire estate.

The judge has reserved his ruling, which will be given at a later date.

If you would like to review your Will in light of new circumstances, contact Redkite Solicitors for a comprehensive review. If you’re unable to come to us, we will come to you, at home, hospital, or care home, giving you peace of mind that your Will reflects your current intentions.

You can choose to instruct one of our Lifetime Lawyers accredited colleagues, who offer a wealth of experience and a deep understanding of the specific needs of older clients.

For reassurance and peace of mind, call 03330 144455 to make an appointment