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.

Jane Stephens: bombardment of communication

Delivering a good customer experience is apparently a rare fine art. The basics include offering goods or services that are good value, effectively communicating More

Patient details exposed in medical centres cyber-attack

Thousands of medical records and patient information stored with a giant healthcare provider have been breached in a cyber-attack. Partnered Health, owned by private equity More

‘Scheduled soon’: interchange work edges closer

A long-planned Bruce Highway interchange linked to the next stages of the region’s largest master-planned community is moving closer, with development documents stating construction More

Historic sugar mill site set for transformation

Three heritage-listed buildings that once housed sugar mill workers are set to be restored as part of a new hospitality, entertainment and community precinct More

Bird handling ‘confusion’ as new case confirmed

Relief has washed over a leading wildlife refuge after testing allayed fears a deadly bird flu strain has reached a fourth state. However, Twinnies Pelican More

Properties go under the hammer at major auction events

Dozens of homes have changed hands for more than $32 million collectively, at two bumper auction events. A variety of properties were purchased at Ray 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