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Mutual Wills

These are unusual because they create a contract between the two individuals making Wills that bind them both even after the first death.

Mutual Wills mean that the individuals decide to distribute the joint estate in accordance with the Mutual Wills that are drawn up in the exact same details. They are very similar to Mirror Wills but with the additional restriction on the surviving spouse that he/she cannot change the terms of the Mutual Will even after the first death. The survivor is bound by the terms of the Mutual Will even if their circumstances change after the first death.

The obligations of the Mutual Wills become ‘cemented’ on first death and the survivor is bound to carry out the wishes of the first and the second Wills. If however, one of the Mutual Wills has been altered before the first death, the survivor is freed from any obligation to honour their side of the contract – in effect the bargain has been broken.

Mutual Wills offer certainty between couples to decide what will happen to their joint estate. However, the survivor can be held under obligations that are not appropriate for his/her lifestyle after the first death due to changes in circumstances. The best Mutual Wills include flexibility, usually in the form of a trust, so that the survivor has some opportunity to deal with assets.

Please contact Trudy Rogers on 01635 569670 or email on if you would like further information.