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29 September 2023 / Mark Pawlowski
Issue: 8042 / Categories: Features , Wills & Probate
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Promises, promises: mutual wills & estoppel

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Mark Pawlowski asks whether proprietary estoppel can be used to underpin the enforcement of mutual wills
  • There is no reason why proprietary estoppel could not be applied, in appropriate cases, to resolve the problems associated with oral agreements intended to give rise to mutual wills which do not comply with s 2(1) of the Law of Property (Miscellaneous Provisions) Act 1989.

Mutual wills arise where two parties (usually husband and wife) make wills, pursuant to a binding agreement, in similar form in each other’s favour on terms that the survivor will not revoke his or her will after the death of the other. The doctrine operates on the basis that each testator provides consideration for the other’s promise by making his or her will in the agreed terms and not altering it to the date of death. In other words, the traditional view is that there must be a binding legal contract between the two testators for the doctrine to apply: see, for example, Re Goodchild [1997] 3 All

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NEWS
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Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
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A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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