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.

Franchise to take over iconic site

A national cafe franchise is making its Sunshine Coast debut after securing a long-held retail precinct location. Degani is preparing to open its first local More

School abuse allegations under legal investigation

A legal investigation is underway into allegations of historical child sexual abuse reportedly involving a Sunshine Coast school during the early 2000s. Rebecca Thomas, Special More

TAB responds as Coast hotels drop services

A long-running TAB service at a Sunshine Coast hotel is set to disappear after Comiskey Group and Tabcorp failed to reach an agreement on More

Cheers as patient celebrates rehabilitation milestone

A woman has walked out of a Sunshine Coast hospital to a round of applause after a remarkable recovery from a spinal infection. Suzanne Parker More

Ashley Robinson: my life can be a pain

Last week began with probably the best massage I have ever had. The deep-tissue treatment was painful at the time but left me feeling More

Police investigate multi-vehicle crash

The Forensic Crash Unit is investigating a serious three-vehicle crash, which led to a woman being airlifted to hospital. Initial investigations indicate that a grey 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