examples
Mutual Wills may be appropriate where a person has children from
a prior relationship and later enters into a second relationship
and has further children. Mutual Wills can be used to ensure
that if the partner of the second relationship survives the person,
that there is some provision made in their Will for the benefit
of children from the first relationship.
Another example is where a couple marry or enter into a de facto
relationship already having had children from their respective
first relationships and without any intention (or ability) to have
children from the present relationship. Over a period of time
they pool their assets such that their property is mainly jointly
owned and/or they make a Will or by operation of intestacy, they
effectively leave much or all of their estate to the surviving
partner. It is not uncommon for that surviving partner to later
make a new Will or amend his or her Will, leaving all of his or her
assets to his or her own children with the effect of excluding the
children of their deceased (second) partner. The inheritance
legislation does not allow claims by stepchildren and this can have
significant effects. Mutual Wills may well be of use in such
circumstances.