| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 438 (Feb) |
| Court: | Chancery Division |
| Judge: | Jonathan Crow QC sitting as a deputy judge of the High Court |
| Representation | Rupert Reed (instructed by Penningtons) for the claimant. |
| Andrew de la Rosa (instructed by Whitehead Monckton) for R. | |
| F and M appeared in person. | |
| Judgment Dates: | 26 February 2004 |
Catchwords
Executors and Administrators - Probate - Will - Challenge to mother's will - Mutual wills - Testamentary capacity - Undue influence - Consideration of relevant evidence.
The Case
It was well established that where two people had agreed to make mutual wills on the basis that they would be irrevocable and would remain unaltered, equity would enforce that agreement after the first death by means of a constructive evidence.
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