Disputes can be readily avoided by taking the simple measure of recording whether or not wills are intended to be mutual wills.

The Doctrine applies where two testators make wills (usually in identical terms) containing reciprocal provisions as to the distribution of their estates and agree that they will not revoke their wills. On the death of the first testator the survivor then holds the property on trust for the beneficiaries to whom it was agreed it should be left.

Mutual wills provide an instance of a trust arising by operation of law to give effect to an express intention of the two testators.

Please contact Pam Wilson to discuss Mutual Wills further