Define: Mutual Wills

Mutual wills are a pair of wills made by two individuals, usually spouses or partners, which are mirror images of each other and contain identical or reciprocal provisions regarding the distribution of their respective estates. Typically, mutual wills contain provisions that ensure assets are distributed in a certain way upon the death of one spouse or partner, with the understanding that the surviving spouse or partner will uphold the terms of the will after the other’s death. This arrangement often includes leaving assets to specific beneficiaries, such as children or other family members, and may include provisions to prevent the surviving spouse or partner from altering the terms of the will after the other’s death. Mutual wills are intended to provide certainty and mutual assurance regarding the disposition of assets and are often used in situations where individuals want to ensure that their wishes are carried out and that their heirs are protected. However, mutual wills can be complex and may raise legal issues, particularly if one party seeks to change or revoke the terms of the will after the other’s death. It’s essential for individuals considering mutual wills to seek legal advice to understand the implications and ensure their wishes are properly documented and protected.

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This glossary post was last updated: 29th March 2024.