From the courts

Mutual Wills

The doctrine of Mutual Wills is a long-established, some might say obsolete, feature of the Law of Wills and succession. The doctrine applies when two testators make wills, usually in very similar terms, and there is an agreement between them that neither will revoke that will without the agreement of the other. Obviously, while both parties are still alive, and communicating with each other, they can have second thoughts. But if the first of those testators to die has left a will in the agreed form, the survivor will be unable to revoke or alter his or her will. Mutual Wills are not very common nowadays, and can clearly lead to great inconvenience. If the doctrine applies there it seems that the surviving testator will bound however long he or she survives, regardless of changing circumstances. The court has, nevertheless confirmed that the Mutual Wills doctrine is alive and well, and continues to cause problems for testators and their advisers: Charles v Fraser [2010] EWHC 2154 (Ch).