Crew v Oakley: Understanding Testamentary Capacity and Will Revocation

Judgment Delivered: November 2024

The recent case of Crew v Oakley provides valuable insight into the legal principles surrounding Will revocation, testamentary capacity and the importance of professional guidelines in estate planning. This recent judgment addressed whether the Deceased, Ms Carry Keats, had the mental capacity to revoke her Will shortly before her death and highlights to complexities of such disputes.

Case Summary

Ms Carry Keats, aged 92, attempted to revoke her Will two weeks before her death by tearing it in half. The original Will left her estate to her cousins but Ms Keats wished for her assets to pass to her sister, Josephine Oakley, under the rules of intestacy. However, due to frailty, Ms Keats only had the strength to tear it part-way before looking to her solicitor to assist in completing the action.

When asked by her solicitor if she needed help completing the task, Ms Keats made eye contact with her and nodded, which the solicitor interpreted as clear authorisation. The solicitor said she had ‘no shadow of a doubt’ regarding her capacity and intention.  

Following her death, Ms Keats’ cousins challenged the revocation arguing she lacked the capacity to make such a decision.

Key Legal Findings

1. Revocation of the will

Deputy Master Linwood held that:

1. Ms Keats intended to destroy the Will;
2. She acted on her intention but had simply been too weak to complete the tear; and
3. Her nod was sufficient form of authorisation for the solicitor to complete the destruction. Words were not required.   

Under the Wills Act 1837, a will can be revoked by “the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same”. The judge found that, “there was a positive communication and not mere acquiescence, as Carry looked at Mrs Webb and responded to her direct offer with a physical command or instruction reflecting her wish that Mrs Webb should actively assist her to complete the tearing in half of the will”. Case law was also followed.

2. Testamentary Capacity

The Court accepted expert evidence showing that Ms Keats had testamentary capacity at the time of revocation – testamentary capacity is specific to the time of the act and can fluctuate, especially for elderly or unwell individuals.

The Judge gave weight to the solicitor’s testimony which was supported by her contemporaneous notes. The solicitor had made a thorough record of attending to Ms Keats on her deathbed and had recorded that Ms Keats had had a sufficiently lucid interval at the time that she revoked her will.

The longstanding relationship between Ms Keats and her solicitor, combined with the solicitor’s experience in drafting Wills, further strengthened the credibility of that evidence.

This judgment emphasises the critical role that experienced solicitors play in complex situations such as Will revocation and assessment of testamentary capacity. If Ms Keats had not revoked her Will in the presence of her solicitor, the outcome may have been very different.

You can find a more in-depth consideration into the differences between solicitors and unregulated professionals such as Will Writers in our previous article here, offering guidance in making informed choices in estate planning.

Resolving Will Disputes

In his closing remarks, Deputy Master Linwood described the dispute over Ms Keats’ estate as an “unseemly scrabble” for assets. He urged parties to engage in realistic and effective negotiation to resolve similar matters without resorting to litigation.

At Cartmell Shepherd, our dedicated Wills and Inheritance Disputes Team focuses on delivering practical, balanced and thoughtful solutions. We combine empathy with expert legal insight to navigate sensitive matters effectively. Whether you need support challenging a Will or a Will revocation, or defending such a claim, our team offers the experienced guidance and advice necessary for achieving the best possible outcome.

If you are facing similar issues regarding Will or Inheritance Disputes, please contact Selina on 01228 516666 or click here to send her an email to send her an email.