Flocas v Carlson is a mutual wills case handed down 4 June 2015 by McMillan J in the Victorian Supreme Court.  It is a very long decision (100 pages) but contains a very detailed history of mutual wills cases, and considers important issues such as:

  • whether mutual wills agreements are a contract (thereby requiring consideration, intention to create legal relations etc) or some lesser form of agreement (held – contract);
  • whether the Statute of Frauds applies to mutual will agreements which deal with interests in land (held – yes, although the equitable fraud and part performance exceptions were both found).

An alternative estoppel claim was also upheld.

Read Flocas v Carlson [2015] VSC 221 here.