header-logo header-logo

15 October 2010 / Lisa Carkeek
Issue: 7437 / Categories: Features , Wills & Probate
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
The Court of Appeal was entitled to uphold the government's decision to proscribe Palestine Action as a terrorist organisation, according to an analysis of the ruling
back-to-top-scroll