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.

Service station plan opens for public feedback

A proposal to establish a new service station has reached public notification stage. The development application for the site at 14 Beerburrum Road, Beerburrum, was submitted More

New country music venue expands hospitality offering

A new country and western live music venue is set to open on the Sunshine Coast. Coyote’s Roadhouse, located in Ocean Street, Maroochydore, will be More

Police declare crime scenes after car fires

Police are investigating after two cars were damaged by fires on the southern Sunshine Coast. Emergency services were called to a white Kia Rio after More

Young custodians gain new environmental recognition opportunities

Youth environment leaders are being asked to nominate for two new awards, which were added in their honour for the first time this year More

B2B: setting pricing strategies

Many businesses price their products and services incorrectly. The problem with that is when they price too high, they miss out on potential sales More

Schoolgirl injured after being hit by car

A primary school-aged girl has been injured after being struck by a car in Burnside on Tuesday afternoon. Police were called to Windsor Road about 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