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15 October 2010 / Lisa Carkeek
Issue: 7437 / Categories: Features , Wills & Probate
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Sister Act

Lisa Carkeek examines the tale of two sisters

In Charles v Fraser [2010] All ER (D) 68 (Aug) the court held that wills in reciprocal terms, but not expressly mutual, made in 1991 by two elderly sisters were irrevocable and binding on the survivor’s estate.

Two widowed sisters, Mabel Cook and Ethel Wilson, in 1991 executed wills with the assistance of a legal executive at the solicitors firm Harold Bell & Co. Each will left their entire estate to the other and, on the death of the second sister, half would go to friends and relatives of each side of the family. The wills were not expressed to be mutual but witnesses gave evidence that the sisters referred to “the will”. Mable died in 1995 without having revoked her will. Mable’s estate passed to Ethel.

Ethel continued to refer to “the will” but in 2003 altered her will deleting deceased beneficiaries, increasing the shares of other beneficiaries and adding two more. She did not alter the gifts to, or shares of, any of the beneficiaries

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Haynes Boone—Jeremy Cross

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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