A recent case involving Carry Keats, a deceased who tore up her Will whilst in hospital in the weeks prior to her death, demonstrates the complexity of establishing the validity of Wills and when the laws of intestacy will apply.
In this case, Ms Keats tore up her Will due to a change in intentions, she no longer wanted her cousins to inherit her estate as in her Will and instead wished for her younger sister to inherit.
Under the Wills Act 1837, anyone with mental capacity can revoke their will by ‘burning, tearing or otherwise destroying’ it. The issue was Ms Keats only tore three quarters of the Will and her solicitor finished the other quarter. This poses the question as to whether the Will was legally revoked and if Ms Keats possessed the required testamentary capacity to determine if this a testate or intestate estate
Ms Keats’ solicitor testified in court declaring she felt satisfied that her client had sufficient capacity to revoke the Will. Her knowledge of Ms Keats family life was also a factor in this as in 2021, Ms Keats had visited her solicitor advising she intended to remove her cousins from her Will but this didn’t materialise before Ms Keats passed away.
The High Court ruled that Ms Keats did in fact have testamentary capacity to revoke the Will in accordance with the Wills Act 1837 meaning the whole of her estate passed to her closest living blood relative, her sister, via the laws of intestacy. Those who were named in Ms Keats’ Will are therefore not to benefit.
Our inheritance tracing team have extensive experience of dealing with estates involving the revocation of wills and in cases where the original will cannot be found. Where the original will cannot be found after the death, there is a legal presumption of revocation. This means that law assumes it was intentionally destroyed by the person who made it, with the intention of revoking it. This presumption can be challenged with evidence showing the will wasn’t destroyed or was lost accidentally.
If a Will is found to be invalid and there are no earlier Wills to indicate a person’s wishes, the person would be said to have passed away intestate. This can create problems for those who are left with the responsibility for the estate. Many issues can arise such as locating next of kin, managing claims against the estate, failing to pay creditors or missing tax deadlines . In some cases, this can even result in personal liability for those administering the estate. It is therefore very important to consider seeking professional advice.
For more information call 0114 218 4000 or email info@tayloremmet.co.uk