Ashleigh Wong and Kelly Geter in our Dispute Resolution team, recently wrote an analysis for a Mutual Wills case (Naidoo v Barton).
Private Client analysis: The High court was faced with the decision whether a 25 year old mutual Will agreement that a vulnerable couple entered into was binding, and prohibited a subsequent Will from being valid after one of the parties had died. When deciding if the mutual Will was procured by undue influence the court considered whether the equitable doctrine laid down in Royal Bank of Scotland v Etridge was the correct test or whether the testamentary doctrine applicable to Wills would apply. Written by Ashleigh Wong, Associate and Kelly Geter, trainee solicitor at Gardner Leader LLP.
This analysis was first published on Lexis®PSL and Lexis+® on 27 March 2023 and can be found here (subscription required).