Major Beresford had shot himself. The court considered the applicability of the forfeiture rule in a case involving a suicide: ‘suicide when sane is by English law a felony. This has been so from very early times. The law is thus succinctly stated by Stephen in his Digest of the Criminal Law (art. 319): ‘A … Continue reading Beresford v Royal Insurance Co Ltd: CA 1937
(High Court of Australia) Cases of mutual wills are only one example of a wider category of cases, for example secret trusts, in which a court of equity will intervene to impose a constructive trust. Latham CJ described a mutual will arrangement as ‘a trust which is declared by the law to affect the conscience … Continue reading Birmingham v Renfrew: 11 Jun 1937
References: (1937) 57 CLR 666, [1937] HCA 52 Links: Austlii Coram: Dixon J, Latham CJ Ratio: (High Court of Australia) Cases of mutual wills are only one example of a wider category of cases, for example secret trusts, in which a court of equity will intervene to impose a constructive trust. Latham CJ described a … Continue reading Birmingham v Renfrew; 11 Jun 1937
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Under section 9(a) of the Wills Act 1937, as amended, the court should not find that a will has been signed by a third party at the direction of the testator unless there is a positive and discernible communication (which may be verbal or non-verbal) by the testator that he wishes the will to be … Continue reading Barrett v Bem and Others: CA 31 Jan 2012
The court retried an action disputing the validity of the will, new evidence having emerged post trial. The doubtful signature was explained by witnesses who said that he had been assisted. Held: The matter might have been handled better, but the testator knew the contents of his will, and signed it. Judges: Vos J Citations: … Continue reading Barrett v Bem and Others: ChD 19 May 2011
The will gave first a legacy then divided the residue between two. The will was witnessed correctly, but the two residuary beneficiaries witnessed a later codicil revoking the prior legacy. Held: Although the revocation did increase the residue, the original gifts of residue had been validly made. Citations: (1855) 3 Drew 208, [1855] EngR 306, … Continue reading Gurney v Gurney: 15 Mar 1855
A home made will signed only at the top of the page but where there was a clear indication of testamentary intention is a valid will. Gazette 06-May-1992 Wills Act 1937 England and Wales Cited by: Cited – Weatherhill v Pearce ChD 7-Nov-1994 The testatrix had signed her name by the attestation clause before it … Continue reading Wood and Another v Smith and Another: CA 6 May 1992
Challenge to purported wills as forgeries.
Held: Though the will was not executed as described in the attestation clause: ‘On the totality of the evidence before me, I am satisfied Dean understood and approved what was in the will when it was . .
References: (1855) 3 Drew 208, [1855] EngR 306, (1855) 61 ER 882 Links: Commonlii The will gave first a legacy then divided the residue between two. The will was witnessed correctly, but the two residuary beneficiaries witnessed a later codicil revoking the prior legacy. Held: Although the revocation did increase the residue, the original gifts … Continue reading Gurney v Gurney; 15 Mar 1855
The two deceased had made mutual wills bequeathing the family home. The survivor transferred the property during his life to defeat the agreement. It was now said that the arrangement fell foul of the 1989 Act and was unenforceable. Held: Subject to the 1989 Act the arrangement was enforceable. As to the 1989 Act: ‘section … Continue reading Healey v Brown: ChD 25 Apr 2002
The husband and wife had made mirror wills. They divorced, and the husband made a new will. After his death, the child and the third wife of the deceased made a claim against the second wife. Held: The wills were in identical terms, but nevertheless, fell short of having full and explicit status as mutual … Continue reading Goodchild v Goodchild: ChD 13 Dec 1995
The claimant said that before her death, the now deceased testator had handed the deeds of the house to him saying that she was giving the house to him. He said it was a donatio mortis causa gift. Judges: Charles Hollander QC Citations: [2014] EWHC 2083 (Ch) Links: Bailii Statutes: Inheritance (Provision for Family and … Continue reading King v Dubrey and Others: ChD 1 Jul 2014
The court was asked whether an agreement for mutual wills should be inferred. The court said that it is inherently improbable that a testator should be prepared to give up the possibility of changing his or her will in the future, whatever the change of circumstances. Even so, the evidence said to prove the agreement … Continue reading Re Oldham; Hadwen v Myles: 1925
Cases of mutual wills are only one example of a wider category of cases, for example secret trusts, in which a court of equity will intervene to impose a constructive trust. Nourse J said: ‘The principle of all these cases is that a court of equity will not permit a person to whom property is … Continue reading In re Cleaver dec’d, Cleaver v Insley: ChD 1981
The forfeiture rule was to be applied in a case involving suicide. An insured may not recover under a policy of insurance in respect of loss intentionally caused by his own criminal or tortious act, however clearly the wording of the policy may suggest otherwise, and his personal representative is in no better position: ‘On … Continue reading Beresford v Royal Insurance Co Ltd: HL 1938
The first defendant (F) had been employed by a company involved in a distribution agreement. He had sought to set up a competing arrangement whilst a director of the claimant, and diverted a contract to his new company. Held: A company director has additional, fiduciary duties over and above those of an employee. The duties … Continue reading Fassihim, Liddiardrams, International Ltd, Isograph Ltd v Item Software (UK) Ltd: CA 30 Sep 2004
D, who was in hospital and near death, said to R (his former partner): ‘The house is yours, Margaret. You have the keys. They are in your bag. The deeds are in the steel box.’ After D’s death R discovered that D had put had put into her bag the only key to a steel … Continue reading Sen v Headley: CA 28 Feb 1991
This is an appeal by charities who are entitled to inherit under a will against a decision that (a) the deceased transferred her house to her nephew by a donatio mortis causa, alternatively (b) the nephew is entitled to recover 75,000 pounds against the estate as reasonable financial provision. The principal issue was whether the … Continue reading King v The Chiltern Dog Rescue and Another: CA 9 Jun 2015
The husband and wife had made mutual wills in the US with an express agreement not to make later alterations or dispositions without the agreement of the other or at all after the first death. The wife survived, but having lost the first will made a further one, and created a trust. The claimant now … Continue reading The Thomas and Agnes Carvel Foundation v Carvel and Another: ChD 11 Jun 2007
The deceased and his wife made wills in virtually identical form. The husband changed his will after their divorce, but his son and other wife claimed that the couple had intended the wills to be part of a larger arrangement of their affairs, creating a trust from which he should not resile, and an exceptional … Continue reading Goodchild and Another v Goodchild: CA 2 May 1997
Nature of Joint and Mutual Wills The court was asked as to the validity and effect of a single joint will. Held: Lord Camden considered the nature of joint or mutual wills. Lord Camden LC said: ‘The parties by mutual will do each of them devise, upon the engagement of the other, that he will … Continue reading Dufour v Pereira: 1769
The claimants sought to challenge a will admitted to probate, saying that the will had been revoked by the testator later entering into a civil partnership. Held: The effect of the provisions inserted into the 1937 Act was to parallel similar provisions relating to the revocation of wills on a marriage. Accordingly the will as … Continue reading Court and Others v Despallieres: ChD 17 Dec 2009
The couple had decided on a suicide pact. They made repeated attempts, resulting in his death. Property had been held in joint names. The deceased’s father asked the court to apply the 1982 Act to disentitle Miss Plant. Held: The appeal was allowed, and relief against forfeiture was given. Mummery LJ said: ‘the presence of … Continue reading Dunbar (As Administrator of Tony Dunbar Deceased) v Plant: CA 23 Jul 1997
The claimant appealed against a finding that he had entered into a mutual will contract with the deceased. Held: It is a legally necessary condition of mutual wills that there is clear and satisfactory evidence of a contract between two testators, but the claimant’s argument for insufficency in this case was ill conceived and the … Continue reading Walters v Olins: CA 4 Jul 2008
Testing for Mutual Wills The parties disputed whether wills were mutual. The claimants challenged the probate granted to a later will of their deceased mother, saying that her earlier will had been mutual and irrevocable after the death of their father. Held: The claim was established. ‘in my judgment this evidence would establish two agreements … Continue reading Legg and Another v Burton and Others: ChD 11 Aug 2017
The court was asked whether an agreement for mutual wills should be inferred. . .
