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.

Flying club proposal revised as public feedback opens

An application to establish a model aircraft flying facility on a rural property has progressed to public consultation. The proposal would allow Suncoast Model Fliers More

Pool operation confirmed after trial

A hinterland community will have access to its local swimming pool for another summer after a successful trial brought public swimming back after a More

Show gardens to open for weekend celebration

A garden club is set to celebrate a ‘blooming impressive’ milestone anniversary this spring. Buderim Garden Club celebrates 80 years of community gardening with its More

B2B: find out how to become prep ready

Ask a kindy teacher what matters most before prep and they rarely say letters or numbers. They will say: “Talking.” Talking is how a four-year-old joins More

Police seek footage of serious highway crash

Police are appealing for witnesses and dashcam vision as they investigate a Bruce Highway crash that left two people injured. Early enquiries indicate that a More

Teenagers charged after vehicle fire on beach

Two teenagers have been charged after an allegedly stolen vehicle was found burning on a Sunshine Coast beach. Police will allege a black Denza B8 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