Pawlowski, Mark ORCID: https://orcid.org/0000-0002-5473-5809 (2018) Wills - A binding contract. Trusts and Estates Law & Tax Journal (195). pp. 12-15. ISSN 1743-5501

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Abstract

The article highlights some of the pitfalls associated with mutual wills, including the necessity for a written contract not to revoke complying with s.2 of the Law of Property (Miscellaneous Provisions) Act 1989 if the contract relates to land, what constitutes breach of the contract whilst the parties are still living and breach of the constructive trust if the survivor revokes their mutual will once one of the parties has died, and whether the doctrine of mutual wills automatically severs a joint tenancy of the family home. A number of safeguards are suggested to minimise these difficulties.

Item Type:	Article
Uncontrolled Keywords:	mutual wills, agreement, land, formality, constructive trust, breach of trust, joint tenancy, safeguards
Subjects:	K Law > KD England and Wales
Faculty / School / Research Centre / Research Group:	Faculty of Liberal Arts & Sciences Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Related URLs:	Publisher
Last Modified:	19 Apr 2018 11:37
URI:	http://gala.gre.ac.uk/id/eprint/19577

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