Exploring the benefit and pitfalls of using mutual wills

Abstract

The purpose of this article is to consider a peculiar type of will known in equity as a mutual will. The major focus is a consideration of the interplay of the legal effect of mutual wills and the practical use of such wills. It is hoped that this discussion will assist legal practitioners in identifying those clients who may benefit from executing mutual wills, identifying those clients who might intend to execute mutual wills, advising clients as to the pros and cons of mutual wills and the benefits of accompanying such wills with a deed or contract.