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.

Fast-food outlet scrapped in site redesign

A proposed 24-hour food and drink outlet with a drive-through has been dropped from plans for a commercial development. The site at 11 South Coolum More

Road closures as ‘iconic event’ attracts thousands

A "bucket-list" event for triathletes will be held this weekend, when roads will be closed in and around a popular beach town. The 43rd edition More

Watchdog ‘spent millions’ as billionaire fined $10,000

A marathon legal battle sparked after Clive Palmer's dinosaur-inspired takeover of a championship golf course and resort has ended with a $10,000 fine. The Queensland More

Hospital among projects winning state honours

A $100 million private hospital delivered six weeks ahead of schedule is one of three Sunshine Coast projects to claim state construction honours. Maroochy Private More

Ashley Robinson: boo who? Boo you

I thought I had seen everything until a couple of Saturdays ago when I was watching the horse racing, and the crowd booed Hong More

B2B: stuck between property decisions?

A lot of people assume they only have two options when making a property move: buy first or sell first. When the timing doesn’t line 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