Problems with mutual wills:a study of probate practice

Legislation: Law of Property (Miscellaneous Provisions) Act 1989 (c.34) s.2 Case: Healey v Brown [2002] W.T.L.R. 849 (Ch D) Paper looks at the use of mutual wills in practice. An empirical survey of probate solicitors is carried out and the results analysed. Significantly most solicitors seem, unaware of the controversial ruling as regards mutual wills in Healey v Brown and the impact of S.2 Law of Property Miscellaneous Provisions Act 1989 where land is concerned. Unsuprisingly the survey demonstrates that mutual wills are not commonly used and tend to be avoided by practising solicitors.