Legg & Anor v Burton & Ors

Legg & Anor v Burton & Ors

The court found, on the balance of probabilities and based on clear and satisfactory evidence, that June Clark and Bernard Clark expressly promised each other not to revoke or alter their wills made on 25 July 2000, thereby engaging the doctrine of mutual wills. The estate of June Clark is therefore held on constructive trust for the claimants in equal shares, and the later will of December 2014 cannot override this equitable obligation.

Parties
Claimant: Ann Legg; Claimant: Lynn Burton; Defendant: Aaron Burton; Defendant: Victoria Brooks; Defendant: Michael Burton
Jurisdiction
England and Wales
Judgment Date
11 August 2017
Procedural Posture
Probate / Succession / Judgment After Trial
Outcome
Judgment for the claimants
Legal Topics
Mutual Wills, Constructive Trusts, Testamentary Freedom, Proprietary Estoppel
Succession Law Equity Mutual Wills Constructive Trusts Testamentary Freedom Proprietary Estoppel

Case Brief

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Parties

Ann Legg

Claimant

Lynn Burton

Claimant

Aaron Burton

Defendant

Victoria Brooks

Defendant

Michael Burton

Defendant

Procedural Posture

Probate / Succession / Judgment After Trial

Legal Issues

  1. 1 Whether the wills executed by June Clark and Bernard Clark on 25 July 2000 were mutual wills creating binding equitable obligations
  2. 2 Whether the estate of June Clark is held on trust for the claimants in accordance with the 2000 will, despite subsequent wills

Ratio Decidendi

The court found, on the balance of probabilities and based on clear and satisfactory evidence, that June Clark and Bernard Clark expressly promised each other not to revoke or alter their wills made on 25 July 2000, thereby engaging the doctrine of mutual wills. The estate of June Clark is therefore held on constructive trust for the claimants in equal shares, and the later will of December 2014 cannot override this equitable obligation.

Court Disposition

Judgment for the claimants

Orders

  • The estate of June Clark is to be held by her personal representatives on trust to give effect to the will of July 2000, not the will of December 2014.