Mutual Wills

Question 1

Mutual Will

Answer 1

• Contract
• Agreement between 2 persons to designate the same beneficiaries either in event they die at same time or survivor takes everything but then promises to leave everything to the beneficiaries they agree on

Question 2

Mirror Wills

Answer 2

Wills mirror each other but different from mutual because there is no presence of binding contractual agreement to leave to specific beneficiaries in specific ways

Question 3

How can this contract/agreement be found?

Answer 3

• Usually has to be found on face of the will

- Can also be found via extrinsic evidence (outside four corners)

Question 4

Brynelsen Estate

Answer 4

Stating who the beneficiaries are is not an agreement, they hadn’t been together long absent other evidence they didn’t think she would leave her whole estate to daughters she barely knew

Question 5

Hall v McLaughlin Estate

Answer 5

Take into account the behaviour of the survivor though and he had mentioned to many people her kids would be covered such extrinsic evidence they found it was an agreement even though not on face of the will

Question 6

Basic Primary Law in Wills

Answer 6

No one can write your will for you and the court cannot order you to write a will

Question 7

What does new will do?

Answer 7

Revokes old will, pressure from external contract cannot stop this

Question 8

What remedy do you have as intended beneficiary from mutual agreement?

Answer 8

Sue for breach of contract asking for remedy that new beneficiaries hold everything in a constructive trust for you

Question 9

What happens if they get new property

Answer 9

Doesn’t count

Question 10

Revoke through permissive means

Answer 10

May say you can revoke provided you give the other notice

Question 11

University of Manitoba v Sanderson

Answer 11

The survivor does not need to benefit from the will of the first to die to be bound by agreement. Mrs S Sufficiently relied on the agreement

Question 12

U of M v Sanderson what is required to establish existence of mutual agreement?

Answer 12

Evidence of an agreement between parties to:
A) Leave residue to specific beneficiaries
B) Not to revoke wills while alive or at least without notice
C) Not to revoke wills at all after one of them dies

Question 13

Anticipatory breach

Answer 13

Beneficiaries can sue under this before survivor dies because but would only get damages not specific performance and less damages because survivor could change their mind and revive it