What is equity's jurisdiction to enforce a joint will?
British Columbia, Canada
The following excerpt is from University of Manitoba v. Sanderson Estate, 1998 CanLII 4328 (BC CA):
46. The guiding principles to be applied in this case are to be found in Dufour v. Pereira, supra, in which the enforcement of an agreement in a joint will was held to be within equity's jurisdiction to prevent fraud. Equity considers it a fraud upon the deceased, who has acted upon and relied upon the mutually binding nature of the agreement, for the survivor to change the will and break the agreement. As the deceased cannot intervene to enforce the obligation, equity will enforce the survivor's obligation, despite the survivor's subsequent intentions.
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