Make an enquiry

    Enquiry Form









    Contact

      Enquiry Form






      Supporting Document


      We are welcoming clients back to our offices Find Out More
      FJG Solicitors in Essex, Colchester, Chelmsford, London – Fisher Jones Greenwood
      • 0845 543 5700
      • [email protected]
      • Make an enquiry
      • Online Payment
      • Home
      • Services
        • Services for you
          • Advocacy
          • Civil & Commercial Disputes
          • Clinical and Medical Negligence
          • Conveyancing
          • Employment Law
          • Family Law
          • Children Law
          • Immigration & Visas
          • Notary Services
          • Personal Injury
          • Wills, Life Planning & Probate
        • Services for business
          • Academies Portal
          • Agricultural and Rural
          • Business Immigration
          • Commercial Dispute Resolution
          • Commercial Litigation
          • Professional Negligence
          • Commercial Property
          • Construction Law
          • Planning Consultancy
          • Corporate and Commercial
          • Education Services
          • Employment Law
          • Healthcare Services
          • International Services
          • Landlord & Tenant Services
        • Services by sector
          • Agriculture & Estates
          • Care Homes
          • Charities & Social Enterprise
          • Construction
          • Education Law
          • Energy
          • Family Owned Business
          • Healthcare & Dentistry
      • Our people
      • About us
        • CSR
        • Awards
        • Our Vision
        • Accessibility
        • Careers
        • Work Experience
        • Equality & Diversity
        • FLOCC
        • FJG Foundation
        • SAFE Forum
      • News, Events & Insights
      • Blog
      • Podcasts
      • Contact us
        • Colchester
        • Chelmsford
        • Billericay
        • Clacton-on-Sea
        • Holland-on-Sea
        • Frinton-on-Sea
        • London

      Explaining Mutual Wills

      29 August 2017 by Andrea Godfrey

      Andrea Godfrey
      Mutual Wills

      Couples can make Mutual Wills which is when they agree that they will not revoke (cancel) or change them without the other one’s consent. These must not be confused with Mirror Wills which are different. A Mirror Will is simply a Will that “mirrors” another Will but crucially both parties are free at any time to revoke the Will and make another one with different clauses. A Mutual Will creates a binding agreement between the parties which means the survivor cannot change the Will and dispose of the estate in a different manner.

      In the recent case of Legg and others v Burton and others [2017] a married couple made mutual Wills and had expressly provided that they would not revoke them. The wills were made in 2000 and where identical in which they gave their estate to each other but if one of them died then everything was to go to their daughters equally. A year later the father died, and thereafter up until 2016 the wife made 13 further Wills on her own accord. During this time the mother’s relationship with her daughters deteriorated but her relationship with her grandchildren became stronger so they were favoured in her subsequent Wills. Her last Will before she died was dated the 12th December 2014 and the estate was gifted to various beneficiaries.

      After the mother died, the daughters took the matter to Court and the Court heard evidence from the daughters and the grandchildren who were defending the claim. The daughters’ argument was that the 2001 Wills meant that each parent had agreed with the other that their wills were “set in stone” and they both agreed they would not alter them. If the 2000 Will was accepted then the daughters would share the estate equally between them but if the 2014 Will applied, then the first daughter would  receive a legacy of £10,000, and the second daughter £30,000. The value of the mother’s net estate was around £213,000.

      The Court heard a lot of evidence from the daughters and the Judge accepted their evidence and said that the parents had “expressly promised each other that having made their wills in the form they had they would not revoke them, and thereby engaged the principle of mutual wills. That being so, the testatrix was not free unilaterally to alter her will and make a new one inconsistent with that of July 2000”

      The law on Mutual Wills is very complex and at FJG we can provide professional advice on the legal nature of these type of Wills and whether they are appropriate.

      If you are looking for advice on any Wills, Life Planning or Probate matter, feel free to contact our team on 01206 835261 or [email protected].

      Authors
      Archives
      Subscribe to RSS feed

      Recent Posts

      • Selling a Dentistry With an Expiring Lease
      • How important is making a Will?
      • The Importance of Seatbelts
      @FJGSolicitors

      What happens when a dentist wishes to sell their practice but the lease is due to expire? Leah Groves explains opt… https://t.co/mPGwLm93PP

      3 days

      This week marks Mental Health Awareness Week. It can be scarily easy to fall into the trap of your own mind when ba… https://t.co/KIC8JZQh6F

      4 days

      St Helena Wills Month campaign returns this June. Instead of paying the usual fees, you can donate to St Helena Hos… https://t.co/xS6fpoA8JZ

      5 days
      Billericay 01277 623132
      Chelmsford 01245 890110
      Colchester 01206 835300
      Clacton 01255 323103
      Holland-on-Sea 01255 818900
      London 08455 435700
      • Disclaimer
      • Accessibility
      • Terms & Conditions
      • Privacy Policy
      • Cookies
      • Price & Service
      • Signup to our Newsletter
      • COVID-19 Risk Assessment
      Website designed and built by Green Square

      Fisher Jones Greenwood is the trading name of Fisher Jones Greenwood LLP, a Limited Liability Partnership authorised and regulated by the Solicitors Regulation Authority and registered in England ( Number: OC305854 ). A list of members is available for inspection at the registered office at Charter Court, Newcomen Way, Colchester Business Park, Colchester, Essex CO4 9YA

      This website uses cookies & data collection

      Our website uses cookies, which are small text files that are placed on your computer by websites that you visit to distinguish you from other users. They are widely used in order to help website owners like us provide you with the best user experience possible. They also provide us with information that can help us improve our websites and marketing activities. By clicking an item or link on this website, you agree to the use of cookies and other data collection.

      Find out more

      We are welcoming clients back to our offices

      Differing tiers and three lockdowns later, Fisher Jones Greenwood Solicitors are now pleased to be able to welcome clients safely back to our offices.

      Remote working and the digitalisation of the way we work, have been key to keeping FJG and the rest of the country going.

      • We are now able to offer, pre-booked face-to-face appointments. Although, we are still able to offer remote appointments if preferred.
      • You can continue to visit our offices at any time to post any correspondence and documents through letterboxes.

      If you are visiting an FJG office, covid-19 safety rules of social distancing, hand sanitization, and the wearing of masks will still apply.

      • Please be aware you will also need to have your temperature taken on arrival.
      • There will also be protective screens in place to protect you and our staff.

      Please do not hesitate to contact your legal adviser by email or by telephone should you have any worries or concerns. Alternatively, please call our main switchboard number (01206 835300), and a message to return your call will be relayed to the relevant person.

      Best wishes
      Paula Cameron
      Managing Partner