When is a contract to make a will a contract?

The decision of Haggarty v Wood (No. 2) [2015] QSC 244 was handed down yesterday by Jackson J in an alleged testamentary contract case.   I appeared for the defendant. Almost 2 years ago the plaintiffs had their statement of claim struck out, with leave to re-plead.   See Haggarty v Wood judgment here.  Since then the … Continue reading When is a contract to make a will a contract?

New mutual wills case

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, … Continue reading New mutual wills case