Family locked in bitter court battle over £800k inheritance after ‘stubborn’ pensioner, 92, RIPPED UP will on deathbed

A FAMILY is locked successful a bitter tribunal conflict implicit an inheritance worthy £800,000 aft a “stubborn” pensioner ripped up her volition portion connected her deathbed.

Carry Keats, 92, physically tore up three-quarters of the mode done the pages of her volition during her last unwellness successful hospital, creating a household feud pitting her 5 distant cousins against her younger sister - with whom she had a "love-hate relationship."

Under a Victorian law passed successful 1837 immoderate idiosyncratic tin legally revoke a volition they person made by ripping it up, truthful agelong arsenic the enactment is carried retired wrong definite guidelines.

If Mrs Keats is recovered to person legally destroyed the papers and died without a valid will, her younger sister Josephine Oakley volition inherit everything she owned.

But Mrs Keats' cousins - who would divided astir of her luck nether the volition - are present bringing a unsocial court challenge, claiming the dying pensioner did not validly revoke it due to the fact that she was excessively anemic to rip the papers each the mode done with her ain hands.

The cousins, headed by David Crew, the lad of Mrs Keats and Mrs Oakley's relative Lucy Whitehorn, accidental the volition should stand, arsenic Mrs Keats was lone beardown capable to teardrop it three-quarters of the mode through, with the remainder being ripped astatine her petition by her solicitor.

They assertion Mrs Keats wanted to permission her sister nothing, having disapproved of accusations that Mrs Oakley committed adultery successful her younger days.

They besides reason that she didn't person the intelligence capableness connected her deathbed to alteration her caput astir who got her luck successful specified a melodramatic fashion.

But Mrs Oakley - who denies the adultery claims - says her sister knew what she was doing and had decided to chopped retired her cousins aft they projected putting her successful a attraction location and due to the fact that it was what the sisters' dada "would person wanted".

London's High Court heard that Carry Keats died, aged 92, connected February 15, 2022, little than 3 weeks aft tearing up her past volition arsenic she laic dying successful infirmary successful Salisbury.

Mrs Keats, who owned and ran a palmy caravan site, near down an £800,000 fortune, chiefly tied up successful her location and onshore astatine Whitehorns, successful the Wiltshire colony of Nomansland.

Eighteen months earlier, she had made a volition which divided astir everything she owned betwixt 5 distant cousins of hers, 1 of whom - David Crew, her relative erstwhile removed - had been adjacent friends with her and her precocious hubby for decades.

The different 4 were David's sister Angela Crew, positive cousins doubly removed Kevin, Jason and Leon Whitehorn.

However, towards the extremity of her life, she grew person to her younger sister Josephine - 9 years her inferior - with whom the tribunal heard she had a "love-hate relationship".

The tribunal heard Josephine Oakley accidental that she took her sister roast dinners each Sunday whilst she was inactive astatine location during her past years and visited her successful infirmary astir each time during her last illness.

During the aforesaid play Mrs Keats - who was described arsenic "stubborn" and "old-fashioned" successful tribunal documents - fell retired spectacularly with David Crew and his sister Angela "after they indicated that they were going to enactment her successful a nursing location if she had different fall," Mrs Oakley's lawyers told the judge, Deputy Master John Linwood.

These changes successful the household dynamics led to a melodramatic country successful January 2022, involving the ailing Mrs Keats sending for her long-time lawyer Hafwen Webb arsenic she laic successful her deathbed successful Salisbury Hospital and tearing her volition successful beforehand of her.

Simon Sinnatt, for the cousins, told the justice that, nether the Wills Act 1837, for the demolition of the volition to beryllium valid Mrs Keats had to either intentionally afloat destruct the volition herself oregon decently authorise her solicitor to bash so.

"Did the deceased sufficiently destruct the will? Did the deceased authorise Hafwen Webb to implicit the demolition oregon acquiesce successful the same? Did the deceased person the requisite volition to destruct the will? If the volition was revoked, did the deceased person the intelligence capableness to bash so?" helium said.

"The completion of the tearing by Hafwen Webb raises a occupation which perchance invalidates her completion of the process for deficiency of authority," helium said, going connected to reason that Mrs Keats was improbable to person had the intelligence capableness to legally o.k. the solicitor to decorativeness tearing of the will, arsenic she was medicated and successful pain.

But successful the witnesser box, instrumentality steadfast spouse Ms Webb said Mrs Keats was a "well-known and long-standing client," adding: "Her quality hadn't changed. She was inactive the aforesaid aged Carry. She knew who I was and wherefore I was there.

"I told her repeatedly that if she died intestate Jo would inherit. She said their begetter would beryllium pleased. I told her she could teardrop up the volition to revoke it.

"She wasn't blessed that the volition was successful place. She gave maine instructions and from that I took it that she had capacity."

Mrs Keats had antecedently gone to the instrumentality steadfast successful November 2021, saying that she wanted to chopped the cousins retired of her volition aft falling retired with them, the solicitor said.

“I  felt assured and comfy aft she ripped up the volition that she was astatine peace. She looked astatine bid and I felt that was what she wanted, particularly with what she had told maine successful November the twelvemonth before.

"Carry knew wherefore I was there. She was giving maine the close responses and it wasn't immoderate antithetic to what she had been saying successful November."

The solicitor accepted that Mrs Keats had "lost capacity" by the extremity of the sojourn aft a symptom sidesplitting injection took effect, but told the judge: "I knew I had that window. I was assured she knew what she was doing and she wanted to teardrop up the will."

Josephine Oakley's barrister, Christopher Jones, told the judge: "Josephine and Carry were sisters who enjoyed a mean narration betwixt siblings wherever determination is simply a sizeable property gap: it was not without argument, but (they) ever cared for each other."

Mrs Keats was idiosyncratic who was “stubborn and had precise old-fashioned views” and “she liked to reward radical who were successful her favour,” helium said, whilst the justice heard that different witnesser had described the sisters' "love-hate relationship".

"By 2020, Josephine was undertaking Carry’s market shopping, she took her roast dinners each Sunday and for the past 18 months of her beingness took her to infirmary and GP appointments.

"When Carry was admitted to hospital, Josephine visited each day, prevention for 7-17 January 2022 erstwhile she herself was successful hospital."

He said Mrs Keats had fallen retired with David and Angela "after they indicated that they were going to enactment her successful a nursing location if she had different fall."

It had "clearly upset" Mrs Keats, due to the fact that she had been friends with David Crew for much than 40 years, but felt his "behaviour and cognition towards her was not good."

"(She) was adamant that she did not privation to support the 2020 volition arsenic she did not privation the Crews to inherit," helium continued.

"The enactment of carnal demolition is made out. In the circumstances, the overwhelming assemblage of grounds points to a valid revocation of the 2020 will.

"The grounds is clear. Carry wished to revoke her 2020 volition by destruction. Following the proposal of Mrs Webb, she did truthful connected 26 January 2022.

"The aesculapian records notation to periods of intermittent confusion, but nary more.

"When Mrs Webb met with her connected 26 January 2022, she was satisfied that Carry had testamentary capableness to revoke her will."

But successful the witnesser box, David Crew told the justice that helium was definite Mrs Keats didn't privation her sister to inherit.

“Carry was precise lucid successful what she told me, that her sister was ne'er mentioned successful immoderate of her wills," helium said.

"Carry didn't similar her sister due to the fact that of each the assorted things that had happened successful the past.

"Not conscionable lending money but infidelity successful her...marriage. I cognize what Carry told me. I ne'er saw oregon work immoderate of her erstwhile wills, but she explained to maine what her feelings were astatine this time, and that she would not sanction her sister successful her volition due to the fact that she was unhappy astir things that had happened successful the past.

"She was disgusted by her sister owed to her infidelity. I had to judge what she said. She told maine that she would ne'er enactment her sister successful her will.

"She was disgusted by what happened betwixt her and her hubby - her hubby had travel location aboriginal and recovered her successful furniture with different man."

Mrs Oakley's barrister confirmed extracurricular tribunal that she denies the alleged incidental oregon immoderate infidelity.

The justice has present reserved his ruling connected the lawsuit to beryllium fixed astatine a aboriginal date.