Q&As

Which prevails in a 'conflict' between a shareholders' agreement and a Will?

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Published on LexisPSL on 20/06/2014

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • Which prevails in a 'conflict' between a shareholders' agreement and a Will?

Which prevails in a 'conflict' between a shareholders' agreement and a Will?

A provision in a valid and binding shareholders’ agreement, to which the testator is a party, will always take precedence over a conflicting provision in the testator's Will because the shareholders’ agreement binds the personal representatives of the deceased after the deceased’s death.

A conflict may arise where a testator who held shares in a company purports to bequeath these shares as a specific legacy (other

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