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Commonly Asked Questions about Mutual Wills Legal Forms

Binding or mutual wills are inflexible instruments and incapable of adapting to meet changing circumstances. Drafters must also be careful to not inadvertently create mutual wills and the scope of any agreement that is intended should be carefully drafted.
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.
Alternatives to Mutual Wills Instead of Mutual Wills, consider leaving the estate to a trust, allowing the spouse to use it while preserving it for the children. Another option is life insurance for the childrens benefit, ensuring the estate can be given without restrictions.
To clarify, a joint will is different from a mutual will. A joint will is one document signed by two people. A mutual will represents two individual wills that are signed separately, but are largely the same in content.
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.
Most practitioners will recommend the use of a trust over mutual Wills as it will achieve the same aim but offer far greater flexibility.