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Problems with mutual wills - a study of probate practice

Problems with mutual wills - a study of probate practice

Pawlowski, Mark ORCID: 0000-0002-5473-5809 and Brown, James (2012) Problems with mutual wills - a study of probate practice. Conveyancer and Property Lawyer, 76 (6). pp. 467-483. ISSN 0010-8200

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Examines the findings of a survey of 76 probate solicitors in England and Wales on their use of mutual wills in practice, including the circumstances when they might be used and the alternative mechanisms considered. Outlines the concept of "mutual wills" and the reasons why they can be problematic. Summarises the Chancery Division ruling in Healey v Brown that an agreement not to revoke mutual wills on the disposition of land must comply with the Law of Property (Miscellaneous Provisions) Act 1999 s.2(1). Assesses the respondents' level of awareness of this judgment and its implications.

Item Type: Article
Uncontrolled Keywords: Breach of trust, Constructive trusts, Contracts for sale of land, Formalities, Joint tenancies, Mutual wills, Void contracts
Subjects: K Law > K Law (General)
Pre-2014 Departments: School of Humanities & Social Sciences
Last Modified: 14 Oct 2016 09:23
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
Selected for GREAT 2019: None
Selected for REF2021: None

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