The recent story of Carry Keats, a 92-year-old who ripped up her will just days before passing, has sparked discussions about the legal implications of tearing up a will. With an estate worth £800,000 in question, her case raises a critical legal question: can destroying a will genuinely nullify its effect?

What does the law say?

At first glance, tearing up a will might seem like a straightforward way to cancel it. According to the Wills Act 1837, a person can void their will by “burning, tearing, or otherwise destroying” the document. However, legal intricacies make this process less clear-cut. For such an action to be considered legally valid, the person must have both a clear intention to revoke the will and possess “testamentary capacity” at the time of destruction. Testamentary capacity means having the mental ability to understand the impact of these actions and knowing who should inherit your estate.

In Ms. Keats’ case, family members are contesting her mental clarity when she tore up the will, with some claiming she lacked the capacity to make such a serious decision. These types of disputes often become drawn-out, costly legal battles, as courts must determine both the intention behind and the mental state at the time of the will’s destruction.

Proper Ways to Revoke a Will

If someone wishes to cancel a will, there are a few effective legal options:

  • Drafting a New Will: This is the simplest and most reliable method. A new will should include a statement revoking all previous versions.
  • Destruction with Intent and Capacity: Physically destroying a will, whether by tearing, burning, or shredding, can work if the person is fully aware of their actions and intentions. However, proving this intent and capacity after the person has passed can be difficult and usually involves court intervention.
  • Written Declaration: A written statement revoking a will is also legally valid, provided it is signed and witnessed, just like a will.

Why Tearing up a Will Isn’t Advisable

The act of tearing up a will often leads to unintended complications. Even if destruction is accepted as a valid revocation, without a new will, the estate might be distributed according to Intestacy Rules. This could mean the estate is divided in a way that doesn’t reflect the deceased’s wishes.

Contact FJG for Assistance

If you’re unsure about the status of your will or need help with its revision, don’t hesitate to reach out to our Wills, Life Planning, and Probate team. Contact us.