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Why you need a Solicitor for your Will: Lessons from recent Crew & Anor v Oakley & Ors case

Recent legal developments have underscored the critical role that experienced lawyers play in the Will writing process. The case of Crew & Anor v Oakley & Ors has brought to light not only the complexities surrounding testamentary capacity but also the potential legal pitfalls when Will writing is attempted alone. Ashley Partridge, Head of our Wills, Probate and Estate Planning department, here reviews the case and highlights additional ways that having an experienced lawyer on your side can help you now and your loved ones in the future.

A closer look at the Carry Keats case: What happened and why it matters

In this notable case, 92-year-old Carry Keats faced a family dispute following her attempt to revoke her existing Will. Her decision to tear up the document, assisted by her Solicitor and Parker Bullen Incorporating Kirklands Partner, Hafi Webb, sparked a legal battle over her estate that could have had vastly different implications without professional oversight.

The dispute arose when Carry’s distant cousins contested her intentions. The cousins claimed that Keats lacked the mental capacity to make such a decision and argued that her previous Will, which left her estate to them, should stand. This contention was exacerbated by prior family tensions; Carry had reconciled with her younger sister after a falling-out with the cousins concerning plans to place her into a care home. The cousins’ challenge to the Will stemmed from their belief that Carry's decision was influenced by a compromised state of mind before her final hospital visit.

Carry wanted to revoke her Will during Hafi Webb’s appointment with her at the hospital, but struggled to do so completely herself. With clear communication, she nodded at Hafi, who had offered to help her, indicating her desire for assistance in the Will’s destruction. It is crucial to note that by tearing up the Will, Carry effectively left herself without any legal Will in place, resulting in her dying intestate. This meant that, upon her passing, her estate would pass directly to her surviving sister rather than the cousins.

The Judge, Deputy Master Linwood, concluded that this gesture was a valid expression of her testamentary capacity. Hafi testified to Carry’s strong character and her clear wishes, affirming that she fully understood the consequences of her actions. Ultimately, the Judge ruled that Carry had the required mental capacity and intention to destroy her Will, allowing her estate to pass to her younger sister rather than her cousins.

Why you should always have a Solicitor by your side when making a Will

This case emphasises the importance of having a lawyer involved in Will preparation and revocation, partly because such a relationship ensures professional oversight during pivotal moments of decision-making.  There are many other reasons why having a lawyer draft your Will is the most sensible route:

  • Capacity assessment: A qualified lawyer can skilfully assess your capacity to ensure that your wishes are understood and documented appropriately. In the case of Carry Keats, Hafi was able to ascertain her client’s intentions clearly and execute her wishes accordingly. Where capacity is an issue, a lawyer can also engage a medical professional to provide an additional report and proof of capacity at the time of signing your Will.
  • Legal compliance: Wills must meet specific legal criteria to be valid. A lawyer ensures that all requirements from the Wills Act 1837 and other relevant legislation are met, helping to prevent costly disputes like those brought by Carry’s relatives. 
  • Clarity and intent: A lawyer provides guidance in articulating your wishes in plain language, reducing the likelihood of misunderstandings that can lead to disputes among family members.
  • Future proofing: Life changes over time, relationships shift and circumstances evolve. Regular consultations with a lawyer can ensure your Will is kept up-to-date and reflective of your current wishes and intentions.
  • Protection against challenges: As seen in this case, familial disputes can arise, especially during challenging times. A lawyer’s expertise can provide a foundation of evidence that stands up in Court, safeguarding your decisions against unwarranted challenges.
  • Wider estate planning: By visiting an experienced and qualified Estate Planning lawyer, you can be advised of the best way to structure your estate efficiently to minimise Inheritance Tax. This could be through the use of Trusts or making gifts during your lifetime; all of which can be explained to you during your consultation.

Ashley comments, “As our firm continues to help individuals and families understand these intricate legal matters, we cannot emphasise enough the importance of involving a lawyer in the Will creation or updating process. Without such professional support, the consequences can lead to complex legal challenges, heartache, and conflicts that may not have been necessary. It is vital that everyone has a Will in place to ensure that your estate passes how you wish it. This particularly pertinent when there are family disagreements or more diverse family arrangements, as there are common misconceptions about how an estate will pass without the presence of a Will. It is important to have that conversation with a lawyer, and to keep on having those discussions at regular intervals, particularly following significant changes in your life.

“This case had the result it did mainly due to the relationship Hafi had built with Carry over a number of years.  It was a complicated matter and we are proud of the way that Hafi handled the case with professionalism and integrity, ultimately securing the wishes of her client.”

Contact our Wills, Probate and Estate Planning department

One of the most sensitive yet crucial aspects of estate planning is making and updating a Will and having the right advice can make all the difference, as demonstrated in this case. If you are considering writing or updating your Will, you can contact a member of the team by emailing info@parkerbullen.com or calling your local office below: