What is the impact of destroying a Will?

Following recent news reports of a woman who tore up her Will in an attempt to leave some of her relatives “with nothing”, JCP Solicitors’ Director and Head of Inheritance and Trust Disputes, Richard Howells, explains what actions you can take if you have changed your mind about your Will’s contents.

“As we get older, writing a Will gives us peace of mind that our wishes will be followed after we die. Writing a Will allows you to establish what happens to your assets, such as property and savings, with options to share assets between loved ones or to leave specified amounts, items, belongings and assets to named individuals and charities.

“If you die without a Will in place, all assets are inherited according to a list of family members enshrined by law, and known as the rules of intestacy. If you are married, your closest living relative is your spouse, but if your spouse dies before you and you have children, those children become your closest living relatives.

The full order of priority is:

• Your spouse or your registered civil partner
• Your children, grandchildren, great-grandchildren, etc (note if your child has pre-deceased you, their share will pass to their children if they have any).
• Your parents
• Your siblings (including half-brothers and half-sisters)
• Your grandparents
• Your nieces, nephews, cousins
• Your aunts and uncles (including half-aunts and half-uncle)

“If you create your Will and then tear it up, this legally revokes the Will. Whilst that law was passed in 1837, it still stands today.

“In the recent case of Carry Keats, from Wiltshire, the 92-year-old had written a Will to divide up her £800,000 fortune between her sister and cousins. Mrs Keats attempted to destroy the Will to invalidate it, meaning her sister would inherit everything as her husband had already passed away and she did not have any children.

“The court case saw Mrs Keats’ cousins dispute the validity of the Will’s destruction, with the family escalating the dispute to the High Court. The cousins claimed that, as Mrs Keats did not fully tear the Will in two herself, its contents remain valid. They also claimed that Mrs Keats would not have wanted her sister to inherit all assets due to their ‘love-hate’ relationship. However, the court found in the favour of her sister, confirming the destruction of the Will was valid, even though Mrs Keats was only physically strong enough to tear through three quarters of the Will, with the remaining stage of its destruction carried out by Mrs Keats’ solicitor. The court found that a nod by Mrs Keats to her solicitor when asked if she wanted them to continue the tearing of the Will was sufficient evidence of Mrs Keats’ intention to finalise the destruction of the Will.

“Will disputes can be incredibly costly, especially when they go to court, and so it is highly recommended to consult a Solicitor if you ever wish to change your Will or if you have concerns about a Will’s validity.”

Richard and his team help our clients to resolve problems involving Wills, inheritance and trusts. Richard has worked in this area of law for over 15 years, successfully helping our clients to solve problems in a sensible and cost-effective way. If you have questions or would like to discuss your Will or an inheritance dispute, contact Richard Howells on 01267 248981 or email Richard.howells@jcpsolicitors.co.uk