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Commonly Asked Questions about Mutual Last Will and Testament

One of the main disadvantages of a joint will is its lack of flexibility, especially after the death of one partner. In many cases, a joint will becomes irrevocable when one party dies, which means the surviving partner cannot alter the will to reflect changes in circumstances, relationships, or preferences.
Most practitioners will recommend the use of a trust over mutual Wills as it will achieve the same aim but offer far greater flexibility. Mutual Wills: To Bind or Not to Bind? - Lawson West Solicitors in Leicester Lawson West services articles mut Lawson West services articles mut
The surviving spouse cannot change the terms of the will, regardless of the changed circumstances after the death of their spouse.
Is a Joint Will Ever a Good Idea? If you have a simple estate, completely agree with your spouse about where you want your property to go after you die, neither of you get remarried, and your circumstances dont change, a joint will is probably not going to cause problems for you. Problems of a Joint Will for Married Couples - AllLaw AllLaw articles nolo wills-trusts j AllLaw articles nolo wills-trusts j
A joint will is for two people, so it is usually reserved for married couples.
A husband and wife have created mutual Wills to the effect that they will not revoke their Will after the death of the first to die if it is then unamended and unrevoked, with no mention of what should happen during their lifetime or notice being given. Mutual Wills Definition | Legal Glossary - LexisNexis LexisNexis legal mutual-wills LexisNexis legal mutual-wills
Even though married couples often have the same goals in mind when making their estate plan, most attorneys advise against joint wills.