Mutual wills are mirror wills (2 wills) usually made by spouses or civil partners, who are agreeing that neither party will cancel or change their Will after the first person passes away. It is a binding agreement between them.
They are relatively rare because it can cause complications for the survivor, i.e. if their circumstances change, if the law changes around Tax or Inheritance, if additional beneficiaries now need to be included (such as grandchildren that didn’t exist when the Wills were originally written) or a beneficiary becomes classed as vulnerable and a Trust requires setting up for their inheritance. It can also lead to disputes about what assets should be included under this Will. It can also be difficult legally, as the requirement for proving the Will is valid are quite strict.
Mutual wills might look attractive to a person who wants to exercise some control over the destination of their estate even after second death but a better solution to this could be to consider including Trusts in a Will instead, as it gives not only the protection wanted but also maintains a degree of flexibility in the future.
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