When is a Will a Mutual Will?

Many couples, as part of their estate planning, contemplate executing mutual wills. For wills to be considered “mutual”, the provisions contained in the wills must be identical to each other, such that each party receives an identical interest from the other or that the remainder of the estate is disposed of in an identical manner[i]. … Continued

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Evidence & Will Challenges: What is enough?

In W.W. v Y.Y., the main issue before Justice Gilmore was whether there was enough evidence to support an inference that a will challenge should be heard. What Happened? W.W., the daughter of the Deceased, commenced a will challenge against the hand-written will (or holograph will). The Deceased was divorced from his first wife, with … Continued

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