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Mutual Wills Claim

Mar 21, 2017
Daniel Winter was instructed by the adult children of Mr A who died having thought that he and his second wife had agreed how they were to distribute their combined wealth, i.e. all to the survivor and on second death their combined estates would be split 50% to Mr A’s side of the family, and 50% to his step wife’s side of the family. They made very similar wills at the same time which set out their wishes. These were what is commonly called “mirror wills”.

However after Mr A passed away, his second wife made a series of Wills leaving the combined wealth predominantly to her side of the family to the detriment of our clients. 

Daniel undertook in-depth investigations and acquired evidence to support representations that the  second wife was prevented from departing from the previous agreement with her husband on the basis that they had reached a legally binding agreement that neither of them would later deviate from the agreement by revoking their will and replacing it with a different will.

This argument was run on the lines that the mirror wills made by the deceased and his second wife qualified as “Mutual Wills”.

The Mutual Wills claim was advanced by Daniel on behalf of Mr A’s adult children. The case settled at mediation before the claim went to trial with a successful outcome for our clients.

Please click here to read Daniel’s blog on Mutual Wills for further information.

Daniel Winter

About the author

Daniel Winter

Daniel joined Nockolds in 2009 and is a Partner in our Commercial and Property Litigation Team. Daniel has been practising as a qualified Solicitor for ...

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