Friend Must Repay Inheritance, Rules Court
A will made two months before the death of an elderly woman has been set aside by the High Court after it heard evidence that by 2006, when the new will was made, she was ‘seriously losing her grip’.
The earlier will had been a ‘mirror will’ of one made by the woman’s sister, who predeceased her in 1995. The sisters, who were childless, had lived together for many years and evidence was given that their wills, which were executed in 1991, had been very seriously considered and constituted. They were, in effect, a promise to each another not to change them in the event that the other sister died first.
Under the sisters’ wills, on the first death the assets of the deceased passed to the other sister and on the second death they were to be distributed amongst the family.
The 2006 will was contested by the family with the result that it was set aside and the friend ordered to give the inheritance back to the family.
Published: 13th August 2010
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