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.

Australian businesses count cost of Microsoft wipe out

A Microsoft outage is being described as a disaster for the Australian business sector, with costs running into billions of dollars. Microsoft 365, Outlook, Teams More

Uncertainty surrounds key city centre proposals

The Sunshine Coast’s new CBD continues to expand at a relatively rapid rate but details remain scarce regarding key projects proposed for the area. The More

Hundreds have say on troublesome road

More than 350 people have provided feedback on a distinctive road, with safety concerns and calls for a long-term solution emerging from the responses. Motorists More

Future fireworks commitment divides councillors

The future of the Sunshine Coast’s main New Year’s Eve celebration has sparked an hour-long council debate, with one councillor raising concerns the local More

Residential designer claims state honour

A Sunshine Coast building designer has taken out one of Queensland’s main residential honours. Caloundra’s Richard Graves, of RG Design, won Design of the Year More

Fishing projects could hook key backing

Fishing groups and community organisations could receive state government support for local projects. Initiatives involving fishing education, habitat restoration, fish monitoring and research, traditional fishing 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