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.

Legally blind photographer challenges assumptions

A Sunshine Coast photographer with two per cent vision is pursuing his passion and challenging preconceptions about vision loss. James Norquay, 25, lost most of More

Hinterland restaurants contest national finals

Three Sunshine Coast restaurants are national finalists in the hospitality industry’s leading awards program. Restaurant & Catering Australia (R&CA) announced the shortlist for the 2026 More

Event governance strengthened under new plan

A council has adopted a five-year strategy for events as it takes a bigger role in their management, funding and oversight. The expanded role follows More

Police investigate serious single-vehicle crash

Two women have been critically injured after a car left a Sunshine Coast road and crashed on Saturday afternoon. Emergency services were called to the More

Family sounds warning after pet’s snake bite

A family has a warning for other dog owners after their pet spent six nights in hospital following an eastern brown snake bite. Sunshine Coast More

Work starts on town centre with up to 2600 homes

Construction has started on a new 28-hectare town centre that is set to include homes as well as retail, commercial, entertainment and community spaces. Developer 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