Birmingham v Renfrew (1937): The Foundations of the Mutual Wills Doctrine

in Brian Sloan (ed), Landmark Cases in Succession Law (Hart Publishing 2019)

U of Melbourne Legal Studies Research Paper No. 892

21 Pages Posted: 17 Jun 2020 Last revised: 25 Jun 2020

See all articles by Ying Khai Liew

Ying Khai Liew

University of Melbourne - Melbourne Law School

Date Written: November 14, 2018

Abstract

This paper discusses the facts of Birmingham v. Renfrew and the impact of the decision on the development of the mutual wills doctrine in Anglo-Australian law. Much like laying the secure foundations of a building, Birmingham has supplied three central ‘pillars’ upon which the doctrine has gradually been built upon, and upon which the future development of the doctrine can securely be based. The three ‘pillars’ are: the interaction between ‘contract’ and equity, the meaning of ‘contract’, and the rationale of the mutual wills doctrine.

Keywords: mutual wills, constructive trusts, contract, equity, Australia

Suggested Citation

Liew, Ying Khai, Birmingham v Renfrew (1937): The Foundations of the Mutual Wills Doctrine (November 14, 2018). in Brian Sloan (ed), Landmark Cases in Succession Law (Hart Publishing 2019), U of Melbourne Legal Studies Research Paper No. 892, Available at SSRN: https://ssrn.com/abstract=3284234

Ying Khai Liew (Contact Author)

University of Melbourne - Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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