By Arabella Adams, Barrister at 5 Stone Buildings
It is well known that, in this jurisdiction, individuals enjoy a great deal of testamentary freedom. A testator may choose to benefit his family with his will, or he may equally choose to leave everything to his dentist, or to a charity. Moreover, the usual position of a will is that it is a document which has no effect until the testator’s death. Once a testator has made a will, it does not usually bind him; he generally still remains free to deal with his property as he wishes during his lifetime. He might go on to revoke the will that he has executed; a threat that is often left ringing in the ears of younger generations!
What if, however, a testator has promised to leave something to a person in his will? Perhaps a grandson swears that ...