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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