Five Cousins were left cut out of Carry Keats’ £800,000 fortune after she ripped up her Will on her death bed, a Law which dates back to 1837. Beyond Corporate’s Alison Rocca looks at the recent ruling and why Mrs Oakley, sister of the deceased ended up being the sole beneficiary.
In this recent case Deputy Master John Linwood ruled in favour of Mrs Oakley in the landmark case, finding that her sister had wished to disinherit her cousins and did so lawfully. Mrs Oakley, sister of the deceased inherited under the rules of intestacy as the will had been destroyed by her sister, who had ripped up her will.
London’s High Court heard during the trial of the case that Carry Keats died, aged 92, on 15 February 2022, less than three weeks after tearing up her last will as she lay dying in hospital in Salisbury.
The will, which was made eighteen months earlier, split almost everything she owned between her five cousins.
The court heard Mrs Oakley took her sister roast dinners every Sunday whilst she was still at home during her last years and visited her in hospital almost every day during her final illness. The cousins on the other hand had suggested putting Ms Keats in a nursing home which had contributed towards the breakdown of the relationships with the cousins. It was this, that in turn led to Ms Keats calling her lawyer in January 2022 and having her assist in ripping up the will.
The Court ruled in favour of Mrs Oakley in that there was sufficient intent to revoke the will in the destruction of the will by virtue of the tearing up of the will. The law which dictates the ripping up of a will being adequate to revoke a will dates back to 1837. The Court deemed this law to still be good law and made the decision in the Keats case based on this law.
The cousins sought permission to appeal at the hearing which was not granted. This does not preclude an appeal following. The cousins could now seek permission to appeal from the Court of Appeal. It will be interesting to see if an appeal ensues. Watch this space. In terms of the legal position, whilst the law is very old, it’s a case of if it isn’t broke why fix it? Ms Keats didn’t want the will to apply and took steps to ensure her estate passed to her sister. A solicitor helped her rip up the will so she will have had full knowledge of the consequences. The Court have acted here to ensure the wishes of Ms Keat were reflected in the outcome.
