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.

Dog owners renew call for secure park

More than two years after councillors received a 400-plus-signature request for a fenced dog park, a new petition is again pressing for a secure More

Overflow parking ruled out for holiday season

A foreshore park will remain public open space this Christmas rather than being used for overflow parking during the busy holiday period. Lions Park at More

Pharmacist named Queensland’s best

A Sunshine Coast pharmacist has been recognised for expanding local healthcare services and helping vulnerable patients maintain access to treatment. Sean Fitzpatrick was named Queensland More

Ashley Robinson: America and its baffling contradictions

I really struggle to get my head around the US being described as the leader of the free world, especially when I look at More

Mall idea emerges amid town square transformation

Could a pedestrian mall be constructed in one of the region’s thriving coastal business centres? It can’t be ruled out, according to one Sunshine More

‘Grateful’: meat shop to close retail doors

A long-running butcher shop is preparing to close after its owners struggled to secure enough skilled staff to keep it operating. Noosa Meat Centre owners 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