In 2005, A and his partner B are named as the parties to a deed of agreement in which it is stated that the parties wished to enter into the agreement so as to regulate A’s obligations towards B, that they intended that it be legally binding on them and they declared that they had each had the benefit of independent legal advice.
The agreement states that in consideration of A’s long-standing natural affection for B, A covenanted irrevocably with B that on his death his estate “shall be charged with the payment of the sum of £100,000 in priority to any other provision whether testamentary or otherwise affecting his estate” to B.
The deed was only signed by A and there is only one witness.
A few years later A made a Will dividing his estate equally between B and his daughter. There is no mention of the deed in the Will.
A has now died. I would be interested to hear what members views are regarding the effect of the deed in relation to the division of A’s estate.