October 26th, 2010

A mutual Will is a type of Will suited for those who are married or in relationship. There should be a clause in the Will which says as follows:

1. My wife [MRS SMITH] and I have agreed today to make similar Wills which will not be revoked or altered unless before either of us die we both agree to any such change.

This means that if a partner/spouse change his/her Will without the other partner/spouse knowledge then the Will that has been changed can be contested. Even if the above clause is not included there may still be grounds to contest the Will if both Wills drafted at that time were similar. A Mutual Will works well with tax planning and where there is jointly owned property.