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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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MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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