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MUTUAL WILLS: Can a mirror will be changed?

14 September 2017  

John Dickinson assesses whether a proprietary estoppel solution can replace the need for a binding contract

HHJ Matthews, sitting as a judge of the High Court, handed down judgment on 11 August 2017 in the Chancery Division of the Bristol District Registry in the case of Legg v Burton [2017]. The claimants established a constructive trust under the doctrine of mutual wills, under which the estate of their deceased mother was held for the claimants, rather than being held under her last will for various grandchildren and others.

Additional Info

  • Case(s) Referenced:

    Blue v Ashley [2017] EWHC 1928 (Comm)

    Charles v Fraser [2010] WTLR 1489

    Re Cleaver deceased [1981] 1 WLR 939

    Re Dale deceased [1994] Ch 31

    Fry v Densham-Smith [2011] WTLR 387

    Goodchild & anor v Goodchild [1997] EWCA Civ 1611

    Healey v Brown [2002] WTLR 849

    Legg & anor v Burton & ors [2017] EWHC 2088 (Ch) (to be reported in a future issue of Wills and Trusts Law Reports)

    Lewis v Cotton [2001] WTLR 1117

    Thorner v Major [2009] WTLR 713

    Walters v Olins [2008] WTLR 1449

    Yaxley v Gotts & anor [2000] Ch 162