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.

Residents seek safer speeds near busy sporting precinct

A petition calling for a 40km/h speed limit on a busy road near sporting fields has been presented to Sunshine Coast Council. The petition was More

Woman ‘exterminated’ after theft allegations, jury hears

A woman was "exterminated" by her housemates and her body dumped in bushland following allegations she was stealing from them, a jury has heard. Donna More

New centre opens for tinnitus sufferers

A dedicated tinnitus healthcare centre is set to open on the Sunshine Coast, aiming to improve access to specialised support for residents living with More

Ashley Robinson: service is more than a smile

To borrow a line from a popular radio personality-turned-corporate leader: “Is it just me?” When I interact with the service industry, it feels like things More

Revamp of favourite coastal path delayed

The $4.2 million renewal of a heavily-used pathway has been pushed back by months. The Alexandra Headland Coastal Path Upgrade was set to be completed More

Search starts for new SEQ dam site

The state’s water supplier has been tasked with identifying a new South-East Queensland dam site, to secure water supply for the growing population. The Queensland 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