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.

Buyers snap up lots in masterplanned community

The first land released at a 450-home Sunshine Coast development has been snapped up, with bulk earthworks expected to begin on site within weeks. Works More

Event shifted amid threats to ignore road closures

A major sports event has been relocated from a Sunshine Coast town amid opposition to proposed road closures, including threats to ignore them. AusCycling has More

Pair charged after caravan allegedly stolen from park

A man and woman have been charged over the alleged theft of a caravan from a beachside holiday park. Police allege that the pair attended More

Teenagers charged over athletics club fire

Five teenagers have been charged following investigations into a fire that significantly damaged an athletics track at Sippy Downs last month. Emergency services were called More

Future of ‘well-loved’ attraction on the line

The long-term future of one of Queensland’s best-known heritage tourist attractions remains uncertain after the state government stopped short of ruling out major changes More

Plans to transform site in ‘major centre zone’

A long-established marine sales and servicing site could make way for a five-storey specialist health hub in a beachside community. A material change of use 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