Individuals can agree that they will not in the future revoke or amend their Wills without the other party’s consent. In contrast, mirror Wills, drafted on identical terms to each other, do not prevent one party from amending their Will either before or after the death of the other. Mutual Wills can restrict the freedom of the surviving Will holder to deal with his own property and the property inherited from the first to die, and for that reason professional advisors will often caution against them.
The case of Legg v Burton
In the recent case of Legg v Burton [2017] EWHC 2088 Ch, the High Court held that a married couple had made mutual Wills.
In July 2000, June Clark (“Mrs Clark”) and her husband, Bernard Clark (“Mr Clark”), signed their Wills (the “July 2000 Wills”) each giving their estate to the surviving spouse or, if the spouse did not survive, to their two daughters, Ann and Lynn, in equal shares.
Mr Clark died in May 2001 and Mrs Clark inherited his entire estate. Following Mr Clark’s death, Mrs Clark went on to sign thirteen separate Wills between the period 2004 and 2014. These Wills dramatically reduced the fraction of the estate bequeathed to her daughters. The last Will made by Mrs Clark was signed in December 2014 (the “2014 Will”) and provided for Ann and Lynn to receive legacies of £10,000 and £30,000 with the residue of Mrs Clark’s estate to pass to her grandchildren.
