100% Locally Owned, Independent and Free

100% Locally Owned, Independent and Free

Business 2 Business column: understanding mutual wills

Sponsored Content

Do you have a news tip? Click here to send to our news team.

‘On holidays’: flatmate’s claim after mum went missing

The daughter of a missing woman discovered her mother's valuables had been taken by a housemate later accused of her murder, a jury has More

‘Very bad look’: defender given three-game ban

Brisbane Lions defender Ty Gallop has been suspended for three games for a serious misconduct act he admits is a "very bad look" for More

Net-zero energy neighbourhood planned

All homes in a new residential development will feature solar and battery systems designed to generate enough renewable energy to meet household needs each More

Dozens of weapons seized in region under Jack’s Law

Police have seized multiple weapons after scanning thousands of people on the Sunshine Coast in the first year since Jack's Law was made permanent More

Green light for 90-bed backpacker hostel

A backpacker hostel has been approved for the heart of Maroochydore. Sunshine Coast Council has given the go ahead for a 90-bed short-term accommodation development More

New beach bar brings Mediterranean flavours

A new Mediterranean-inspired beach bar has opened on the Sunshine Coast, with a trio of hospitality professionals joining forces to launch the venue. Olas Beach More

Generally, a will is done reflecting the wishes of just one person.

It is possible, however, that two people prepare ‘mutual wills’ – that is, wills that contain agreements.

Mutual wills are sometimes used where spouses have children to earlier relationships and they are concerned about the survivor either remarrying or ‘disinheriting’ certain family members.

The key feature of mutual wills is that they can only be changed with the agreement of the other party.

If one party dies, the survivor is bound by the terms of the mutual wills – forever. The surviving spouse cannot revoke or change their will.

Before entering into mutual wills, both parties need to give careful consideration to a range of factors.

For example, what use can the surviving spouse make of the property they have received; what if the surviving spouse lives on for many years; and what if the surviving spouse remarries and has other children?

Although mutual wills provide a degree of certainty, this comes through their inflexibility.

Whether a mutual will is suitable for you very much depends on your personal circumstances.

They are certainly not for everyone.

Trent Wakerley, Director, Kruger Law, Level 3, Ocean Central, Ocean Street, Maroochydore, 5443 9600, krugerlaw.com.au

This column is part of our Business 2 Business (B2B) series featuring industry leaders sharing their expertise. For more great articles, SUBSCRIBE to our FREE news feed, direct to your inbox daily. All you need to do is enter your name and email below.

Subscribe to SCN’s free daily news email

This field is for validation purposes and should be left unchanged.
This field is hidden when viewing the form
[scn_go_back_button] Return Home
Share