The recent story of 92-year-old Carry Keats, who ripped up her will just days before passing, has sparked discussions about the legal implications of destroying a will and mental capacity.
The dying woman, who nodded to her solicitor to complete the tearing up of her will, was ruled by a court to have had sufficient capacity at the time to make such a call, making the will invalid and passing on her £800,000 estate to her sister under the intestacy rules, rather than to her cousins as per the terms of the will.
Her case raises the question - does destroying a will cancel it and what mental capacity must the will holder have?
Sherelle O’Brien, associate in Wake Smith Solicitors’ private client team looks at the case and law, inlcuding:
- The case
- Case background
- The judgment
- The law
- Best ways to revoke a will
- Your next move
