Family of 92-year-old who ripped up will on deathbed argue she was too weak to tear paper

Carry Keats ripped three-quarters of the mode done the pages of her volition during her last unwellness successful hospital, sparking a household play that enactment 5 cousins against her sister

Five cousins disinherited erstwhile a 92-year-old dramatically ripped up her £800,000 volition connected her deathbed are facing a £200,000-plus measure aft losing their court fight.

But lawyers for the 5 vowed to support connected warring the case, aft telling the justice who made the ruling cutting them retired that helium "got it wholly wrong". Carry Keats physically ripped three-quarters of the mode done the pages of her volition during her last unwellness successful hospital, creating a household play pitting her 5 distant cousins against her younger sister - with whom she had a "love-hate relationship".

Under a Victorian instrumentality 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 died without a valid will, her younger sister Josephine Oakley stood to inherit everything she owned.

But Mrs Keats' cousins - who would person divided astir of her luck nether the volition - brought a unsocial tribunal 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. However, Mrs Oakley insisted her sister knew what she was doing.

Deputy Master John Linwood ruled successful favour of Mrs Oakley successful the landmark case, uncovering that Carry had wished to disinherit the cousins and did truthful lawfully. Now helium has handed the estimated £200,000 measure for warring the lawsuit to the cousins and refused them support to entreaty his decision, contempt their lawyers telling him that helium "got it each wholly wrong".

London's High Court heard during the proceedings of the lawsuit that Mrs Keats died, aged 92, connected 15 February 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 "Carron" successful the Wiltshire colony of Nomansland.

Eighteen months earlier, she had made a volition which divided astir everything she owned betwixt her 5 distant cousins, spearheaded successful the tribunal combat by David Crew. However, towards the extremity of her life, she grew person to her younger sister Josephine - 9 years her junior.

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 successful the judgement arsenic "stubborn" with old-fashioned views, a "feisty aged bird" and a "self sufficient, resilient and arrogant New Forester" - fell retired 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.

These changes successful the household dynamics led to a melodramatic country successful January 2022, involving the ailing Mrs Keats sending for her agelong clip lawyer Hafwen Webb arsenic she laic successful her deathbed successful Salisbury Hospital and tearing her volition successful beforehand of her. Ms Webb was called upon to implicit the tearing of the volition arsenic Mrs Keats was excessively anemic to negociate herself, starring the cousins to situation the validity of its destruction.

But ruling against them, the justice said: "In my judgement determination was existent tearing combined with intent. Carry did sufficiently destruct the volition arsenic it was wholly torn successful fractional arsenic she intended. I find determination was a affirmative connection and not specified acquiescence, arsenic Carry looked astatine Mrs Webb and responded to her nonstop connection with a carnal bid oregon acquisition reflecting her privation that Mrs Webb should actively assistance her to implicit the tearing successful fractional of the will."

Turning to Mrs Keats' information for her melodramatic alteration of mind, the justice referenced the "fatal" falling retired with her cousins implicit the attraction location connection and, quoting a judge's comments from an 1821 volition dispute, added: "It is 1 of the achy consequences of utmost aged property that it ceases to excite involvement and is apt to beryllium near solitary and neglected. The power which the instrumentality gives to a antheral to dispose of his spot is 1 of the astir businesslike means which helium has successful protracted beingness to bid the attentions owed to his infirmities."

He added: "Nothing successful quality quality has changed implicit the past 200 years since that was said, nor I presume volition it successful the future." In anptyer hearing, helium has present ordered the cousins to wage Ms Oakley's costs of the lawsuit on with their ain bill, estimated astatine a full of £200,000-plus by lawyers extracurricular court. The justice ordered the cousins to marque an up-front outgo connected relationship of £90,000, giving them six weeks to rise the cash.

Simon Sinnatt, for the cousins, besides asked the justice to assistance them support to entreaty against his ain ruling, telling him: "I ever find it a immense embarrassment to crook circular to a justice astatine the extremity of the proceeding and accidental you've got it each wholly wrong." But refusing support to appeal, the justice told him: "I've been done the grounds of entreaty and wide I see the decisions I made were close connected the facts arsenic I recovered them."