Olins v Walters

Olins v Walters

The codicil was validly executed and, together with the 1988 Will, constitutes a binding mutual wills agreement, thereby imposing a constructive trust on the Deceased’s estate in favour of the agreed beneficiaries. Andrew discharged his fiduciary duties and gave adequate advice, so the counterclaim fails.

Parties
Claimant: Andrew Robert Olins; Defendant: Harold Walters
Jurisdiction
England and Wales
Judgment Date
19 December 2007
Procedural Posture
Probate / Judgment
Outcome
Probate granted in solemn form of the 1988 Will and 1998 Codicil; declaration that the codicils take effect as valid and effective mutual wills binding the Deceased’s estate; counterclaim dismissed.
Legal Topics
Mutual Wills, Constructive Trusts, Due Execution, Fiduciary Duty, Negligence
Succession Trusts Contract Mutual Wills Constructive Trusts Due Execution Fiduciary Duty Negligence

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Parties

Andrew Robert Olins

Claimant

Harold Walters

Defendant

Procedural Posture

Probate / Judgment

Legal Issues

  1. 1 Whether the codicil dated 18th May 1998 was validly executed and should be admitted to probate
  2. 2 Whether the codicils executed by the Deceased and Mr Walters constitute valid and effective mutual wills binding the Deceased’s estate
  3. 3 Whether Andrew breached fiduciary or contractual duties or was negligent in preparing the codicils

Ratio Decidendi

The codicil was validly executed and, together with the 1988 Will, constitutes a binding mutual wills agreement, thereby imposing a constructive trust on the Deceased’s estate in favour of the agreed beneficiaries. Andrew discharged his fiduciary duties and gave adequate advice, so the counterclaim fails.

Court Disposition

Probate granted in solemn form of the 1988 Will and 1998 Codicil; declaration that the codicils take effect as valid and effective mutual wills binding the Deceased’s estate; counterclaim dismissed.

Orders

  • Decree of probate in solemn form of the will dated 11th March 1988 and codicil dated 18th May 1998
  • Declaration that the codicils executed by the Deceased and Mr Walters on 18th May 1998 take effect as valid and effective mutual wills binding the Deceased’s estate