wills – Page 4 – Charles Cooper

McLean v. McLean [2023] EWHC 1863 (Ch)

‘Expectation, or trust, is not enough’ to establish mutual wills – what is required ‘is a clear agreement, whether strictly contractual or not’ – and while the argument that some form of estoppel would be sufficient to establish mutual wills ‘has a significant degree of plausibility’, ‘facts which are fatal to establishing mutual wills by…

Sangha v. Sangha & Ors [2023] EWCA Civ 660

The presumption against intestacy is ‘not… enough to overcome the natural meaning of the general revocation clause’ in the Will: https://caselaw.nationalarchives.gov.uk/ewca/civ/2023/660

Pead v. Prostate Cancer UK [2023] EWHC 642 (Ch)

A Will was not rectified in the absence of convincing proof of the testator’s contrary intentions, the threat of a claim in negligence having led the drafter to ‘overstate the clarity and certainty of her recollection and understanding’ 6 years after the event: https://caselaw.nationalarchives.gov.uk/ewhc/ch/2023/642

Charles Cooper | Barrister & Mediator

Category: wills