The court was asked, where there were two inconsistent wills, to which of them a later codicil must be held to refer.
The equitable maxim, voluntas testatoris ambulatotia est usque ad mortem, operates so that an instrument which appears to be and is in the form of a testamentary disposition, yet, if it claims to be irrevocable, can only operate as a deed and not as a will.
Citations:
[1789] EngR 1464, (1789-1817) 1 Ves Jun Supp 393, (1789) 34 ER 842 (B)
Links:
Jurisdiction:
England and Wales
Cited by:
See Also – Lord Walpole v Lord Orford HL 1797
The court considered the difference between an obligation accepted in law, and what was described as ‘an honourable engagement’. . .
Cited – Legg and Another v Burton and Others ChD 11-Aug-2017
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 . .
Lists of cited by and citing cases may be incomplete.
Equity, Wills and Probate
Updated: 07 May 2022; Ref: scu.367095