Anaghara v Anaghara WTLR(w) 2021-01

Wills & Trusts Law Reports | Web Only

The long-term partner and customary wife of the deceased claimed that a proprietary estoppel arose in her favour as to the matrimonial home. At first instance, the County Court awarded her a life interest in the property in satisfaction of her equity. On appeal, the High Court upheld the award of the life interest finding that she had detrimentally relied on assurances given by her customary husband, by not purchasing a house of her own. She was not required to demonstrate in great detail how she would have acquired such a house – by virtue of the representations of the deceased she had ...

Wills: A binding contract

Mark Pawlowski examines the problems associated with mutual wills and suggests some ways of avoiding them ‘Where the subject matter of the mutual wills specifically includes land and a separate will is used for each party, the parties‘ agreement may be potentially void as failing to meet the requirements of s2(1) of the 1989 Act.‘ …
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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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