The England and Wales High Court (EWHC) has recently heard the case where a 92 year old, Ms Carry Keats, partially tore up her will just weeks before her death in an attempt to revoke her will and therefore prevent certain family members from inheriting her £800,000 estate.
What does the Law say?
In Northern Ireland, The Wills and Administration Proceedings (Northern Ireland) Order 1994 (‘the Order’) section 14 outlines that an individual can legally void their will by “burning, tearing or otherwise destroying the will”. However, an action of destruction is in itself not enough to legally void a will. An individual revoking their will must demonstrate a clear intention to revoke the document, retaining testamentary capacity during the decision process and at the time of destruction itself.
Legislation such as the Order was designed and implemented to offer greater protection to both testators and beneficiaries alike, from ‘spur of the moment’ decisions and their long-term effects.
The case of Ms Keats
Ms Keats’ last will appointed two cousins as her Executors, they also stood to inherit most of the testatrix’s estate. In early 2022 following a family dispute, Ms Keats expressed her wishes in wanting to revoke her will in order to remove the cousins as the main beneficiaries, she wanted to replace them with her sister. Although no queries regarding capacity were raised by the instructed solicitor, the patient’s hospital notes described her as ‘confused’ only a few days prior.
The solicitor explained to the testatrix that if she wanted to remove her cousins as both Executors and beneficiaries, she could destroy the existing will, tearing qualifying as a method of destruction. The tearing up of the will was subsequently completed by the testatrix with the assistance of her solicitor.
The key issues:
- Whether the will was sufficiently destroyed to amount to revocation;
- Whether the testatrix authorised her solicitor to complete the will destruction;
- Whether the testatrix had the requisite intention and testamentary capacity to destroy the will, namely did the testatrix understand the consequences to her will destruction.
The court very quickly confirmed that issues one and two were completed, intention and capacity became the focal points of this case.
The court concluded that the testatrix illustrated sufficient intent in wanting to destroy the will as the action occurred subsequent to her solicitor’s advice that should the will be destroyed, the cousins would be removed as Executors and beneficiaries. This was further substantiated by the fact that a new draft will was prepared in accordance with the testatrix’s instructions, it unfortunately was never executed.
The case’s most difficult issue was that of testatrix capacity. Although the solicitor did not note signs of mental incapacity, healthcare professionals noted several episodes of delirium. However, the court was convinced that the testatrix was in ‘a sufficiently lucid interval during which the revocation took place’.
Should a will be revoked through destruction?
If a will is destroyed, amounting to the effective revocation of a will, if no updated will is drafted and executed in its place, the only way to administer a testator’s estate is as per the rules of intestacy. This could result in a scenario where an individual’s estate is administered not in accordance with their wishes, but in accordance with the law and the rules created by such.
Whilst this may be seen as an interesting although frantic example of revocation, it emphasies that there can be no substitute for thoughtful and careful advice and assistance on matters relating to the initial and subsequent drafting and revocation of wills by an experienced practitioner, allowing your wishes to be realised upon your death.
For legal guidance and advice regarding Will’s or estate planning, please contact Fiona Kirkpatrick or Anna Thompson in our Private Client team for more information.
While great care has been taken in the preparation of the content of this article, it does not purport to be a comprehensive statement of the relevant law and full professional advice should be taken before any action is taken in reliance on any item covered.
