What are the consequences of a mutual will when one of the parties revoke their wills?
Ontario, Canada
The following excerpt is from Nelson v. Trottier, 2019 ONSC 1657 (CanLII):
One thing is clear. Given the parties to a mutual wills agreement can revoke their wills by mutual agreement or independently, provided they give notice to the other party [Dufour v. Pereira; Pratt v. Johnson, 1958 CanLII 79 (SCC), [1959] S.C.R 102], there is no need for equity to impose a constructive trust to enforce the agreement while both parties are living. They have contractual remedies to enforce the agreement if one of them breaches it.
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