McLean & ors v McLean [2023] WTLR 1495

Wills & Trusts Law Reports | Winter 2023 #193

In 2017 a husband and wife executed mirror wills leaving their respective estates to the survivor and the residue to their four children in equal shares. In March 2019 the husband died and the wife inherited his estate. In August 2019 the wife executed a new will leaving her entire estate to one son, the defendant in the proceedings. She died 11 days afterwards. The three remaining children argued that the 2017 wills were mutual and that the wife’s estate was therefore held on trust for them equally. They relied on a conversation between the husband and wife and their solicitor where, in...

Legg v Burton [2017] WTLR 1017

Wills & Trusts Law Reports | Autumn 2017 #169

The testatrix had two daughters, the first and second claimants. In July 2000, the testatrix and her husband made wills in favour of the survivor, and subject to that, in favour of the claimants in equal shares.

The husband died in May 2001. Between 2001 and 2004, the testatrix made 13 further wills. These progressively favoured the defendants (who were two of the grandsons of the testatrix and the partner of one of them), at the expense of the claimants. The last of these wills was made on 12 December 2014, when she made a further will under which the claimants took a legacy of £...

Private Client: Careful planning

Mark Pawlowski highlights some of the pitfalls associated with mutual wills that may have consequences on relationship breakdown ‘If the parties’ property (for example, the family home) is held on a joint tenancy, does the execution of mutual wills automatically sever the joint tenancy, or is it necessary for such a joint tenancy to be …
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