A family battle has erupted after a 92-year-old woman, Carry Keats, tore up her will on her deathbed, disinheriting her five cousins and leaving her £800,000 estate to her younger sister, Josephine Oakley.

The cousins argue that the will is still valid, claiming that Keats didn’t tear it completely.

They’ve taken the matter to court, hoping to overturn her decision.

Legal Challenges and Family Tensions

The dispute centers around the fact that, according to a Victorian law passed in 1837, anyone can revoke a will by physically destroying it—if done under specific circumstances.

Mrs. Keats’ act of tearing up her will left her estate without a valid document, and as a result, her sister Josephine Oakley inherited everything.

The cousins—David Crew, his sister Angela Crew, and the Whitehorn brothers—were left with nothing, despite the will originally designating them as heirs.

The cousins argue that the destruction wasn’t thorough enough to be legally binding.

They point out that Keats only tore the will three-quarters of the way through, with the rest torn by her solicitor.

However, Oakley insists that her sister was fully aware of her actions and had intentionally decided to cut off her cousins after a disagreement over placing her in a nursing home.

The Court’s Ruling

In a landmark ruling, Deputy Master John Linwood sided with Oakley, confirming that the will had been lawfully revoked.

The judge ruled that Keats’ intention to disinherit her cousins was clear and that the destruction of the will was done according to the law.

He also ordered the cousins to pay the legal fees, which could amount to over £200,000, and denied their request to appeal the decision.

The court also heard that Keats, a self-sufficient woman described as “stubborn” and “feisty,” had grown closer to her sister in her later years.

She had a strained relationship with her cousins, particularly after they suggested she move to a nursing home.

A Bitter Family Fallout

In the months leading up to her death in February 2022, Keats had become increasingly upset with her cousins.

Her sister Josephine, who had been caring for her in her final years, took her sister’s side during the family dispute.

In January 2022, Keats called her long-time lawyer to help tear up her will on her deathbed.

The lawyer, Hafwen Webb, completed the act after Keats was too weak to finish it herself.

The cousins, led by David Crew, argued that Keats was not in the right state of mind to make such a drastic decision, but the judge ruled that Keats had the mental capacity to revoke her will.

He also noted the familial tension that had led to her decision, referencing a previous judgment about the emotional neglect elderly people can feel when isolated from their families.

The Aftermath

Despite the ruling, the cousins aren’t giving up just yet.

They are still considering an appeal, though their chances seem slim after the judge’s firm decision.

The court’s decision emphasizes the right of an individual to dispose of their property as they see fit, even if it leads to family strife.

For now, Josephine Oakley remains the sole beneficiary of her sister’s £800,000 estate.

The case has sparked debate over the laws surrounding will revocation and the complexities of family dynamics, especially in the later years of life.

The next steps for the cousins could involve further legal action, but it remains to be seen if they can overturn the decision or if Oakley will continue to hold the fortune left behind by her sister.

This article was published on TDPel Media. Thanks for reading!

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