I have a situation whereby a married couple entered into mutual Wills with an agreement not to change their Wills after the first death.
The survivor then altered his Will and destroyed the Mutual Will, however, I have a copy.
The Executor of the Estate accepts that estate will be distributed in accordance with the mutual Will.
Do we apply for the Grant of Probate for the latest Will and vary the estate back to the disposal as in the mutual Will? I have a feeling if we do not prove the mutual Will copy that the beneficiaries of the mutual Will will not allow Probate to be granted and enter a caveat.
Has anyone had this situation and what is the way forward?
The second Will is valid isn’t it, it is just that the constructive trust arises on the death of the second of their joint estates but we still apply for the Grant under the second Will.
Graham and Rosen