Will disputes can be emotionally charged and deeply personal. The recent Court case of Crew & Anor v Oakley & Ors offers a fascinating insight into the intricate world of testamentary capacity and the legal nuances surrounding Will revocation.
Angela Frances Crew & Anor v Josephine Oakley & Ors [2024] EWHC 2847 (Ch)
Background
Our experienced team was particularly intrigued by the circumstances surrounding Carry Keats, a 92-year-old client who made a significant decision on her deathbed.
In this instance, Ms Keats had begun tearing up her existing Will, which originally left her estate to her cousins. When she struggled to complete the task, her solicitor, Haffwen Webb, offered assistance. What followed was a crucial moment of communication: Ms Keats made direct eye contact and nodded, giving her solicitor permission to help complete the Will’s destruction.
The legal significance of capacity
Deputy Master Linwood’s ruling provides important guidance for our profession. The court distinguished between mere acquiescence and a positive, deliberate communication of intent. Ms Keats’ actions were deemed to demonstrate a clear wish to revoke her existing Will, despite being on her deathbed.
Key considerations in assessing testamentary capacity included:
- The client’s ability to communicate her intentions
- Consistency in her character and decision-making
- Clear understanding of the consequences of her actions
The human element in legal practice
What makes this case particularly compelling is the relationship between the solicitor and the client. Mrs Webb’s testimony revealed a deep understanding of her client’s personality and long-standing patterns of behaviour. She noted Ms Keats’ stubborn nature and her tendency to make decisive changes based on personal relationships.
The importance of professional judgement
The Court praised Mrs Webb’s professional approach, highlighting the delicate balance solicitors must maintain. Her careful assessment of Ms Keats’ capacity, combined with her professional judgment, ultimately supported the client’s final wishes.
This case reinforces the critical elements of our practice:
- Listening carefully to our clients
- Maintaining clear, professional documentation
- Ensuring mental capacity is thoroughly assessed
- Respecting the individual’s right to make changes to their Will
Comment
Daniel Stern notes that:
“This case serves as a powerful reminder of the complexities surrounding Wills and probate. It demonstrates why expert legal guidance is crucial when making or changing such significant legal documents. It highlights the critical importance of understanding a client’s true intentions and mental capacity at the moment of making or changing a legal document.”
For further details on this case, see our previous blog.
We are committed to supporting our clients with the highest levels of professional expertise, combined with genuine understanding and care.
Contact us
If you have questions about wills, probate, or potential disputes, we’re here to help. Our team offers clear, practical advice tailored to your unique circumstances. Please contact Daniel Stern or John Gorner to discuss your matter, or contact us by using our online contact form or call 0330 111 3131.