Category Archives: Mutual wills

When undue influence and mutual wills collide: Naidoo v Barton [2023] EWHC 500 (Ch)

Naidoo v Barton [2023] EWHC 500 (Ch) clarifies an important, and hitherto unresolved, issue concerning the doctrine of mutual wills. The court determined that it is the Etridge test for undue influence, applicable to challenging life time transactions, that applies when considering whether or not a mutual wills agreement should be set aside and not the […]