What is a Mutual Will?

Mutual Wills involve a married couple or co-habiting partners writing 2 separate Wills under an agreement that, once either of them passes away, no further alteration or cancellation of the Wills can occur. In this respect, they are similar to, but also quite different from, Joint Wills.

If, subsequent to the death of either partner, the surviving partner decided to cancel his own Will, then the surviving partner would be in breach of the Mutual Will agreement. When the surviving spouse passes away, the executors would hold the estate according to the terms of the original Mutual Will.

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    Who are the parties to a Mutual Will?

    The parties to a Mutual Will can be:

    • Husband and wife
    • Two co-habiting partners
    • Two civil partners

    How does a Mutual Will work?

    Each party creates their own, separate Will. In each Will, there is a paragraph which provides that, upon the first death of either spouse, the terms of the Mutual Wills must be enforced.

    Who may need a Mutual Will?

    • Married couples
    • Co-habiting partners
    • Civil partners

    Please note, however, that our Will Lawyers would only recommend preparation of Mutual Wills in the rarest of circumstances. Most couples would be better served by the preparation of Mirror Wills, however if you are in any doubt, please speak with one of our Will Lawyers for a confidential discussion.

    Why choose a Mutual Will?

    You may have been advised to prepare a Mutual Will or you may like the idea of setting in stone the arrangements for your estate if you pass away.

    When should you create a Will?

    Wills are an important component of effective Estate Planning and upon death there can be very practical consequences, including taxation, for having no Will in place. We recommend that you make a Will straightaway if you do not already have one. If you and your spouse would like to both write Wills, we would recommend you consider making Mirror Wills, however please contact one of our Estate Lawyers to have a confidential conversation and discuss your requirements.

    How long does it take to create a Mutual Will?

    Creating a Mutual Will is an involved journey, which involves our Estate lawyers getting to know you, your partner and your wishes relating to your estate. Creating Mutual Wills can therefore take up to 2-4 weeks, although if you have more urgent deadlines, we can often accommodate them. If you have urgent deadlines, please let our Estate lawyers know at the outset.

    How much does a Mutual Will Cost?

    Wherever possible, we like to keep our legal fees fixed for our Estate Planning services. Our legal fees for preparing standard Mutual Wills are £349.00, however if your Mutual Will is more complicated, our fees may vary. To receive confirmation of your quote from our Will Lawyers, please contact us and we’ll be happy to assist.

    When can I Start Preparing a Mutual Will?

    We have capacity to begin preparing Mutual Wills straightaway, however preparing Wills is only one component of effective Estate Planning. To confidentially discuss your queries with one of our Estate Lawyers, leave your contact details on this webpage and one of our Estate Lawyers shall be in touch with you by the next Business Day.