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.

‘Flames, fire and smoke’: new bar opens behind vault door

A speakeasy promising theatrical cocktails and Japanese-inspired touches has opened on the Sunshine Coast. Hid Den, owned by Dean and Jeanelle Mariani, opened on September More

New food relief facility opens to support families

A new multimillion-dollar centre has opened, bringing several services under one roof for people facing food and financial insecurity. The facility will allow The Everyday More

Council outlines new approach for flood-resilient homes

Sunshine Coast Council officers are recommending a new strategy for how homes are built and renovated in areas affected by flooding. The proposal will be More

Kiwis conquer endurance race with 2000 taking part

New Zealand triathletes Hannah Berry and Trent Thorpe have claimed victory at Ironman 70.3 Sunshine Coast. Berry opted to compete in the race, instead of More

Volunteers confront relentless rubbish problem

Volunteers have hauled more than half a tonne of illegally dumped rubbish from forestry land at the southern end of the Sunshine Coast in More

Scores stuck in hospitals awaiting aged care

Almost 100 older Sunshine Coast residents who are ready to leave hospital are occupying beds while they wait for aged-care placements. Queensland Health data shows 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