Podcast Location:
Download it here [file size: 32 MB]
Part of:
Private Client Wills & Probate Bundle - Spring 2012 CPD Training Bundle
Categories:
Wills, Inheritance & Succession
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at private client practitioners as a warning against reliance on the doctrine of mutual wills. It aims to explore the origins and practical implications of this unusual doctrine containing elements of both contact and constructive trust before considering how it might best be avoided to the likely benefit of all involved.

Outcomes:
After completing the course you will:
  • Understand the circumstances in the doctrine of mutual wills is engaged;
  • Understand how the doctrine of mutual wills sits somewhat uncomfortably with the traditional concept of a will as a revocable ambulatory instrument;
  • Be aware of the doctrine’s contractual undertones but also be aware of its limitations;
  • Understand the extent to which the doctrine of mutual wills might be characterised as a subspecies of constructive trust or unjust enrichment;
  • Be aware of recent judicial considerations of the doctrine Understand the extent to which the doctrine interferes with the requirement of due execution;
  • Understand the necessary content and form of a mutual will;
  • Understand when the doctrine ‘bites’;
  • Be aware of the challenges the doctrine throws up for practitioners seeking to advance it;
  • Be aware of the ambiguities surrounding the nature of the equitable relief the court may grant to vindicate a mutual will;
  • Understand what rights and obligations a surviving party to a mutual will might have towards the residue of the estate;
  • Understand the relationship between the doctrine and a claim under the Inheritance (Provision for Family and Dependants) Act 1975;
  • Be aware of the professional risks for an advisor that fails to warn testators about the doctrine when drafting a will.
Level:
Complex Difficulty: 4 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • Wills Act 1837;
  • Dufour v Pereira 1769 1 Dick 419;
  • Stone v Hoskins [1905] P 194;
  • Olins v Walters [2007] EWHC 3060 (Ch);
  • Charles v Fraser [2010] EWHC 2154 (Ch);
  • Re Oldham [1925] 1 Ch 75;
  • Inheritance (Provision for Family and Dependants) Act 1975.
Tags:

This podcast with barrister Mark Blackett-Ord from 5 Stone Buildings is about mutual wills. It examines the basis for the doctrine and their unusual nature that are likely to cause considerable difficulty for both clients and their advisers in practice.

Podcast added: 13/04/2012

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