Mutual Wills

Mutual Wills involve contracts to make Wills.  It is important to understand and carefully work through the issues that are involved in such contracts.  Professional assistance will be required.

Mutual Wills are not often made.  They are only used in special circumstances.  It may, for instance, be appropriate for blended families.  The parties need to be well informed of the effects of the contractual arrangement, and that by making the contract they are losing the power to dispose of their own property freely both whilst alive and by Will.

"Reciprocal" or "corresponding" Wills are different.  Spouses may make substantially identical provisions in their respective Wills.  However, unlike Mutual Wills, there is no contractual obligation to make or maintain Wills with those provisions.

Who might it be appropriate for?

Mutual Wills are useful, but only in a limited number of circumstances.  It is likely that there will be other options that need to be considered as to whether they are more appropriate alternatives than the use of Mutual Wills.  It will depend upon your circumstances and the decisions that you make.

It will be necessary to take the same approach as for the preparation of a "Standard" or "Standard Plus" option and consider the appropriateness of implementing your objectives through the use of Mutual Wills.

Read examples of where it may be appropriate.