Arres’ Trs v Mather (1881) 9 R 107
Citation:Arres’ Trs v Mather (1881) 9 R 107
Rule of thumb: Can there be potentially more than 1 valid will? Yes, there can be 2 or more valid wills in a matter if the newest will does not state that all previous wills are revoked.
Judgment:
The Court in this case affirmed the principle of ‘accumulation of legacies’ – where there is more than one part to a will any additional legacies in them will be presumed to all be added together, ‘Where a testator by one or several instruments gives two or more legacies or other benefits to the same individual, he presumably intends that they shall all have effect, and in the absence of any expression or other indication to the contrary, the law takes this to be his intention accordingly’, Lord Young at 109
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