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(1) ANGELA MARILYN CHARLES (2) DEREK GODDARD (3) ANNE MABEL THOMPSON v JILL DEBORAH FRASER

On the evidence, two sisters had entered into an irrevocable agreement that the first sister to die would inherit the estate of the other, and the cumulative estates would pass to 15 specific individuals in various shares on the death of the survivor. Despite the surviving sister having made a later will leaving her estate to a sole beneficiary, her estate fell to be distributed in accordance with the earlier, mutual wills, and the beneficiary under the later will thereby hold the proceeds of the estate on trust to be distributed in accordance with the terms of the earlier wills.

16 August 2010

The claimants (C) challenged the validity of a will made by the deceased (E) in 2006 under which the defendant (F) was the sole beneficiary. In 1991, when E was aged 76 and her sister (M) was aged 78, they had made wills in which they bequeathed their estate to each other. Both wills provided that one sister did not survive the other, then the subsequent clauses of the will should take effect in lieu of the previous bequest. Each will then named executors and trustees and devised and bequeathed all the residue of each testatrix's real and personal estate to her trustees upon trust to convert the same into money and divide the proceeds into 40 shares to be divided between 15 named beneficiaries in specified shares. C, who were relatives of E and M, were among the named beneficiaries under that will. M died in 1995. In 2003, E altered her will to add two individuals, including F, as beneficiaries, each entitled to shares under the earlier will, and altering allocation of the other sha...

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