Walters v Olins

Walters v Olins

There was sufficient evidence for the finding of a mutual wills contract between Mr Walters and the Deceased, and the terms were sufficiently certain to impose an immediate constructive trust on Mr Walters in relation to the Deceased’s property left to him. The judge was correct in making the declaration that the codicils take effect as mutual wills binding the Deceased’s estate in the hands of Mr Walters.

Parties
Appellant: Harold Walters; Respondent: Andrew Robert Olins
Jurisdiction
England and Wales
Judgment Date
04 July 2008
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Mutual Wills, Constructive Trusts, Testamentary Contracts
Equity Succession Law Mutual Wills Constructive Trusts Testamentary Contracts

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Parties

Harold Walters

Appellant

Andrew Robert Olins

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether there was sufficient evidence of a mutual wills contract between Mr Walters and the Deceased
  2. 2 Whether the terms of the alleged mutual wills contract were sufficiently certain in law

Ratio Decidendi

There was sufficient evidence for the finding of a mutual wills contract between Mr Walters and the Deceased, and the terms were sufficiently certain to impose an immediate constructive trust on Mr Walters in relation to the Deceased’s property left to him. The judge was correct in making the declaration that the codicils take effect as mutual wills binding the Deceased’s estate in the hands of Mr Walters.

Court Disposition

Appeal dismissed

Orders

  • Declaration that the codicils executed by Mr Walters and the Deceased on 18 May 1998 take effect as mutual wills binding the Deceased’s estate in the hands of Mr Walters and his personal representatives
  • Pronouncement in solemn form for the Deceased’s last will dated 11 March 1988 and its codicil dated 18 May 1998