A couple made a mutual will, in which, among other things, each bequeathed its estate to the surviving spouse. A few years later the wife initiated divorce proceedings but passed away prior to their conclusion. Only after her passing did the husband discover that after making the mutual will the deceased made a separate will in which she bequeathed him nothing, all without informing him of the annulment of the mutual will.
The Court accepted the husband's claim and held that the later will is void and the mutual will is still valid, all due to the deceased not providing him with an annulment notice. Nullifying a mutual will can only be made by the delivery of a nullification notice of the mutual will to the other party. The reasoning behind requiring the annulling party to notify the other by delivering an explicit written notice is to protect the other party's interest in relying on the mutual will and to ensure the existence of certainty for him regarding the status of the mutual will. Here, one party deliberately chose to conceal the drafting of a later will from the other at the time of its drafting and continued this concealment until her death, over two years later. Initiating divorce proceeding does not meet nor come in lieu of the requirement to furnish an annulment notice and hence, the mutual will is valid and binding, while the later will is null and void.