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.

Approval granted for apartment complex

A five-storey apartment development has been given the green light on the Sunshine Coast, beside existing single-storey homes. The project at 20 Bingera Terrace, Caloundra, More

New dog park proposed

A new dog exercise area could be added to a popular Coast park, although funding has not yet been allocated to build it. Sunshine Coast More

‘Cool your jets’: waterways blitz finds widespread breaches

A majority of people stopped by waterways authorities on the Sunshine Coast during a two-week safety campaign were found to be breaking rules. Almost two-thirds More

Scholarship targets top school-leavers

High-achieving Queensland school-leavers are being offered a $5,000 scholarship under a new university program aimed at attracting top students. The University of the Sunshine Coast’s More

B2B: we don’t talk anymore

They say blood is thicker than water, but when money and inheritance enter the picture, family ties can quickly unravel. That was the unfortunate outcome More

‘Devastating’: fire shuts popular bakery

A popular Sunshine Coast bakery has been forced to temporarily close after an early morning fire damaged its premises. German Bakehouse Group, which operates its 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