The Case Of Carry Keats: Can You Revoke A Will By Tearing It Up?

Reading time: 4 minutes

The recent story of Carry Keats, a 92-year-old who tore up her Will on her deathbed, raises important questions about the legal validity of such actions. With her £800,000 estate now subject to a legal battle, the complexities surrounding Will revocation have come into sharp focus.

What does the law say?

At first glance, destroying a Will may seem straightforward, but the law requires specific conditions for such an act to be legally valid. Under the Wills Act of 1837, a person can invalidate their Will by “burning, tearing, or otherwise destroying” it, provided there is clear intent and testamentary capacity at the time.

In situations like Ms. Keats’, where actions are taken on a deathbed, these factors can be difficult to prove and are often disputed.

Testamentary capacity: why it matters

For a revocation to be valid, the person must have what’s known as “testamentary capacity” — the legal ability to understand the implications of their actions. This includes:

  • Knowing that their destruction of the Will revokes it
  • Understanding who should benefit from the estate, and who shouldn’t
  • The consequences of revoking the Will, and who will be impacted

Dementia or other impairments can complicate this, as is now being argued in Ms. Keats’ case, where her family questions whether she fully understood her decision to destroy her Will. These disputes are common and often costly, underlining the risks of making drastic decisions under emotional distress.

Ways to revoke a Will legally

There are safer, legally sound methods to revoke a Will without triggering the complications seen in the Keats case:

  • Creating a new Will: This is the simplest method. A new Will with a clause revoking all previous Wills offers clarity.
  • Intentional destruction: Physically destroying a Will is valid, but intent and capacity must be beyond question. Courts often have to determine these elements if a dispute arises.
  • Written declaration: A Will can also be revoked with a signed and witnessed written statement, following the same formalities as the original document.

Reasons why you should not destroy a Will

Destroying a Will without a replacement typically means the estate will be distributed according to Intestacy Rules, which might not align with the deceased’s wishes. This often results in outcomes far from what was originally intended, highlighting the importance of careful estate planning.

How Nelsons Can Help

Revoke A Will

Amanda Voakes is a Partner in our expert Wills and Probate team, advising on Inheritance Tax planning, Wills, administration of estatesgrants of Probate, grants of Letters of Administration, Powers of Attorney, administration of affairs, and residential care fee planning/protection of assets.

Amanda is an accredited member of The Association of Lifetime Lawyers (formerly known as Solicitors for the Elderly or SFE) which is a membership body for legal professionals. Members of the group are the most qualified lawyers in the country when it comes to supporting older people and those in vulnerable circumstances who may need extra help and support. Lifetime Lawyers receive expert training and best practice guidance to offer the very best advice.

If you require any legal advice on the above subjects, please contact Amanda or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online enquiry form.

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