Mutual Will.
A mutual will, also known as a joint will or reciprocal will, is a legal document created by two or more people, typically spouses or partners, to outline how they want their assets and property to be distributed after their deaths.
Here are some
key points about mutual wills:
Simultaneous and identical provisions: Mutual wills are created by individuals who agree to make wills that have identical provisions. The terms of the wills are usually coordinated to ensure consistency and reflect the agreed-upon distribution of assets.
Binding agreement: A mutual will is often considered a binding agreement between the parties involved. It means that once one person dies, the surviving party is obligated to honor the terms of the mutual will and cannot change their own will independently.
Typically used by spouses or partners: Mutual wills are commonly used by married couples or long-term partners who wish to establish a coordinated estate plan. They can be beneficial in situations where both individuals want to ensure that their assets pass to the intended beneficiaries after both of them have passed away.
Limitations on changes: Since mutual wills are usually considered binding agreements, they may restrict the ability of the surviving party to alter the provisions of the will after the first person dies. This restriction aims to ensure that the agreed-upon distribution of assets is maintained.
Revocable until death: Mutual wills can generally be revoked or changed by both parties as long as they are both alive and mentally competent. However, once one party dies, the terms of the mutual will typically become irrevocable for the surviving party.
Probate process: Like any other will, a mutual will must go through the probate process after the death of both parties. The probate court will review the will, validate its authenticity, and oversee the distribution of assets according to the terms outlined in the document.
It's important to note that laws regarding mutual wills may vary by jurisdiction. It is advisable to consult with a qualified attorney specializing in estate planning to understand the specific legal requirements and implications of creating a mutual will in your jurisdiction.
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