The recent story of 92-year-old Carry Keats, who ripped up her will on her deathbed, has sparked legal debates over the validity of such actions. With an estate of £800,000 up for grabs, this case raises complex legal questions surrounding the revocation of wills.
What the Law Says
At first glance, tearing up a will may seem like a foolproof way to invalidate it, but the legal reality is much more complicated. The Wills Act (1837) states that any person can legally void a will by “burning, tearing, or otherwise destroying” the document itself.
However, merely ripping up a will may not automatically void it if certain conditions are not met. The law is designed to protect against unjust outcomes arising from sudden decisions made in moments of distress or diminished capacity.
For a will to be legally revoked by destroying it, a person must demonstrate both clear intent to revoke the will and retain testamentary capacity at the time of destruction. Both of these points may be called into question when a person destroys their will on their deathbed, as in the Keats case.
The Importance of Testamentary Capacity
For any action related to revoking a will to be considered valid, the person must have testamentary capacity at the relevant time. ‘Testamentary capacity’ is a legal term which refers to a person’s ability to decide who they want to benefit from their estate, understand the terms of their will and, importantly in this case, understand the consequences of revoking their will.
If there’s any suggestion that the person was suffering from dementia or any other form of cognitive impairment at the time they revoked a will, this, in turn, calls the person’s testamentary capacity into question.
In this case, Ms Keats’ family members and other interested parties are understandably questioning whether she knew what she was doing when she tore up the will. The family is now embroiled in a legal dispute, which could cost many thousands of pounds to resolve.
Such disagreements are sadly common, and they serve to highlight how people taking matters into their own hands to change or revoke a will often lead to more problems.
How to Properly Revoke a Will
If a person wishes to revoke their will, there are several legal ways to do so:
- Creating a New Will: This is the simplest and most effective way to revoke a previous will. The new document should contain a clause revoking all prior wills.
- Destroying the Will with Intention: Physically destroying a will (tearing, burning, or shredding) can be a valid form of revocation, but the intent to revoke must be clear and the person must have full testamentary capacity at the relevant time. Practically it is often very difficult to demonstrate intent and capacity. Bear in mind that these disputes usually arise after the person has died and so can no longer be questioned about their intentions and mental state. It invariably falls to the courts to resolve questions of intention and capacity.
- Written Declaration: A will can be revoked through a written statement, but it must be signed and witnessed like a will in order to be legally binding.
Why Destroying a Will Should Be Avoided
We have explored above how the act of ripping up a will often causes more problems than it solves.
It is also worth mentioning that if a will is destroyed and that destruction is held to be an effective revocation, if no replacement updated will is made the person’s estate is distributed in accordance with the Intestacy Rules. These rules may not align with the deceased’s wishes any more than the will they have destroyed.
The Role of Probate Lawyers
Cases like this are a perfect example of why consulting with a solicitor before taking any drastic actions concerning a will is so crucial.
We, at Slater Heelis, are here to offer expert guidance on all matters relating to wills and probate. Whether you’re considering making changes to your will, revoking it, or dealing with a contested will, our experienced team ensures that your wishes are upheld legally and that your loved ones are supported throughout the process.
Avoiding the Pitfalls: How We Can Help
Our Wills and Probate team takes pride in offering clear and compassionate advice. We understand that estate planning is often emotionally charged, and decisions made under stress can have unintended consequences.
That’s why we work closely with our clients to ensure that their intentions are fully realised, protecting their estates from unnecessary legal battles. By keeping your will up-to-date and in line with your wishes, we can help you avoid situations like the one faced by Carry Keats’ family.
Contact us
Tearing up a will might feel like a simple solution, but it’s fraught with legal implications. If you’re unsure about how to update or revoke your will, or if you’re concerned about the validity of a loved one’s will, contact our team at Slater Heelis by filling out our online contact form or calling on 0330 111 3131.