Charles & Ors v Fraser

Charles & Ors v Fraser

There was clear and convincing evidence that Mabel and Ethel agreed their estates would be distributed as set out in their 1991 wills and that the survivor would not alter the dispositive provisions after the first death. The Defendant, as executor and beneficiary under Ethel's later will, holds the estate on constructive trust to give effect to the 1991 will.

Parties
Claimant: Angela Marilyn Charles; Claimant: Derek Goddard; Claimant: Anne Mabel Thompson; Defendant: Jill Deborah Fraser
Jurisdiction
England and Wales
Judgment Date
11 August 2010
Procedural Posture
Civil / Judgment After Trial
Outcome
For the claimants. Declaration of constructive trust in favour of 1991 will beneficiaries.
Legal Topics
Mutual Wills, Constructive Trust, Testamentary Capacity, Probate
Succession Equity Mutual Wills Constructive Trust Testamentary Capacity Probate

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Parties

Angela Marilyn Charles

Claimant

Derek Goddard

Claimant

Anne Mabel Thompson

Claimant

Jill Deborah Fraser

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether Mabel and Ethel made an agreement rendering their wills mutually irrevocable after the first death
  2. 2 Whether the estate of Ethel should be distributed according to her 1991 will under the doctrine of mutual wills

Ratio Decidendi

There was clear and convincing evidence that Mabel and Ethel agreed their estates would be distributed as set out in their 1991 wills and that the survivor would not alter the dispositive provisions after the first death. The Defendant, as executor and beneficiary under Ethel's later will, holds the estate on constructive trust to give effect to the 1991 will.

Court Disposition

For the claimants. Declaration of constructive trust in favour of 1991 will beneficiaries.

Orders

  • Defendant holds the proceeds of Ethel's estate on trust to give effect to the provisions of Ethel's will dated 22nd January 1991.
  • Court to hear counsel on the terms of the appropriate order and ancillary matters.