In a recent case, the court declared thirteen wills made by an elderly widow between 2001 and 2014 to be invalid. The court upheld the original will that was executed by the widow back in 2000.

In the case of Legg and Burton v Burton, June and Bernard Clark made wills in 2000 leaving their estates to each other on the first death, and then to their two daughters (Ann Legg and Lynn Burton) in equal shares upon the death of the survivor.

Bernard Clark died in May 2001 and his estate passed to June Clark. After Bernard’s death, June’s relationship with her daughters deteriorated and she made more than a dozen further wills cutting her daughters out. June’s net estate was worth approximately £210,000 and included a property that the couple had acquired under the council’s right to buy scheme.

Under the terms of June Clark’s final will in 2014, the majority of the estate was to go to June Clark’s two grandsons (sons of Lynn Burton) and the partner of one of them. Ann and Lynn were due to receive small legacies of £10,000 and £30,000 respectively. Ann and Lynn challenged the 2014 will and argued that the will made in 2000 should be taken to probate.

The court heard evidence given by Ann, who was present both before and at the time that the wills were executed by June and Bernard Clark in 2000. Ann attested that June and Bernard agreed that these wills were “set in stone” and could not be changed.

The Court’s finding in this will dispute case was that the wills that were executed in 2000 were mutual wills. Mutual wills are a type of will made by two or more parties who agree that they will not, in the future, revoke or amend their wills, without the consent of the other parties. The legal effect of a mutual will is that as soon as one of the parties to the agreement dies, the remaining parties can no longer change their will.

The court declared that the promises that Bernard and June Clark had made to each other not to revoke their wills were binding. Accordingly, June Clark’s July 2000 will was upheld which means that her estate will be shared between her daughters Lynn and Ann.

If you are considering challenging a will or you are in a position where you need to defend a will dispute, please do not hesitate to contact our contentious probate team on 01902 424927. Alternatively, you can e-mail us at contentiousprobate@georgegreen.co.uk providing a brief summary of the issues you wish to discuss with us, along with your contact details.