Mutual Wills and Testaments

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Commonly Asked Questions about Mutual Wills and Testaments

What are the negatives of mutual Wills?

The main disadvantage of mutual Wills is their inherent lack of flexibility. As they restrict the ability of the surviving testator to amend the Will, they may not be able to adapt to changing circumstances, whether these changes are familial or financial.

How do I know if I have a mutual will?

Mutual Wills are very similar to Mirror Wills. However, a small difference is that both parties agree that the Wills cannot be cancelled, even if one of them dies. Documents should be present as evidence that the Wills are mutual. There is a trust involved in setting up mutual Wills which stops them from being revoked.

Can mutual Wills be changed after death?

Mutual wills are immovable once either participant passes away; they cannot be changed or altered. When both partners are still alive, the will can be changed at any time. However, when one partner dies, the other is bound to the terms of the will.

How can you tell if a will is a mutual will?

In simple terms, mutual Wills are an agreement, generally between two individuals, to make their Wills at the same time on agreed terms with a legally binding obligation that the Wills shall not be altered after the death of the first party.

What is the alternative to a mutual will?

Most practitioners will recommend the use of a trust over mutual Wills as it will achieve the same aim but offer far greater flexibility.

Can one person change a mirror will?

In short, yes - mirror Wills can be changed if circumstances in life change or the people involved want something different. Its important to update your Will the right way, with witnesses, to make it legal and avoid any complications.

What is a major difference between a mutual will and a mirror will?

Mirror wills, also known as a reciprocal wills, are wills that have similar provisions of disposition between spouses. Mutual wills, meanwhile, are wills that include a binding agreement that the testators will not change their wills after the death of their spouse. Not all mirror wills are mutual wills.

Are mutual Wills enforceable?

Mutual wills are made by two people (usually a couple) in largely similar or identical terms, by which they agree that their wills are irrevocable without the others consent. Entering into mutual wills is tantamount to entering into a binding contract.