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.

Rail network disrupted, major road closed after fatal vehicle rollover

A man has died after a vehicle rolled onto railway tracks at Kulangoor, causing significant disruptions to the rail network on Friday morning. Emergency services More

Coast man dies in early morning crash

A Sunshine Coast man has died following a crash west of Gympie overnight. Emergency services were called to Gympie Woolooga Road, near Little Widgee Road More

Hinterland tourism development faces key council vote

A controversial farm-stay tourist park proposed for the hinterland is set to go before Sunshine Coast Council next week. Council officers are recommending the development More

Council moves to sell properties over unpaid rates

Sunshine Coast Council is set to begin the process of selling properties with long-overdue rates debts. The matter is outlined in the agenda for next More

Restaurant chain opens eatery in food hub

A popular restaurant chain has opened a venue near four other Japanese diners in a suburb with a 'growing food scene'. Motto Motto, which is More

Budget changes spark warning over Coast housing supply

Housing shortages on the Sunshine Coast could face further pressure, with the building industry warning federal budget tax changes may result in fewer homes 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