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.

Region’s newest heritage trail launched

Sunshine Coast Council has unveiled a new heritage walk that showcases a town's history, including its First Nations significance and timber heritage. The Landsborough Heritage Walk More

Falcons and Storm to end decade-long partnership

The Sunshine Coast Falcons have confirmed their long-standing feeder club affiliation with the Melbourne Storm will come to an end after the 2025 season. The More

Photo of the day: ocean paddlers

Paddlers off Kings Beach at Caloundra, by Lesley Evans. If you have a photo of the day offering, email photo@sunshinecoastnews.com.au. Photos must be horizontal/landscape and More

Lucrative prizes on the line for freshwater fish

The state’s most successful recreational fishing initiative is gearing up for a major milestone. The Stocked Impoundment Permit Scheme (SIPS) is marking 25 years, with More

Young man dies in Kandanga crash

A 19-year-old has died after a campervan veered off the roadway and crashed near Kandanga Creek bridge early on Sunday morning. Police and emergency crews More

Two dead in crash with stolen car near Gympie

Two people have died following a crash involving a stolen vehicle at Chatsworth yesterday afternoon. About 3pm, emergency services were called to a three-vehicle crash 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 hidden when viewing the form
This field is for validation purposes and should be left unchanged.
[scn_go_back_button] Return Home
Share