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For Mutual Wills to be binding there must be an agreement made between the Testators. For the agreement to be legally binding the testators must agree not to revoke the Wills and then make the Wills in light of the agreements made. Mutual Wills differ to other types of Wills, such as Mirror Wills.
The purpose of a mutual will is to grant the survivor of the two the property contained in the wills, and then to specified individuals after the death of the survivor. Further, mutual wills can contain clauses that they are not revocable without the consent of both parties.
If I have a will, does my spouse need one? The answer is yes everyone should have a will! If you're married, you and your spouse can have separate (or joint) wills that you sign yourselves. This way, if something were to happen to one of you, there's no room for ambiguity or confusion.
A joint will combines the wills of two testators into a single document. Though joint wills are allowed in Washington State 1, we do not recommend making joint wills because they pose several problems while offering no significant advantages over separate wills.
Creating mutual wills entails an agreement between the spouses to not revoke or vary their wills, except as provided by the agreement, including after their spouses' death.
A joint will can be executed with each other or with the third person in accordance with a proper agreement or contract in order to transfer or dispose of the property. A joint will can be made with another person through an agreement but it cannot be revoked by one testator.
Reciprocal wills could be joint, mirror or mutual, but joint wills (one will made by two people) are not legal in Ontario. Mirror Wills are made by two parties who leave their estates to one another with gift overs to the same beneficiaries.
A joint will is prohibited because: (1) A will is a purely personal and unilateral act and this is defeated if two or more persons make their will in the same instrument; (2) It is contrary to the revocable character of a will.
Mutual Wills are wills made by spouses or partners at the same time, together with a contract to which they are both parties. In the contract the spouses (or partners) each agree to be legally bound not to change their respective wills without each other's consent.
Washington State Requirements For A Valid Will First, the testator must be at least 18 years old and capable of reasoning and making decisions. Also, he or she must sign the will or have someone else sign it at his or her request and in his or her presence.