mutual wills

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Two wills are mutual wills if there is an agreement between the two testators (typically husband and wife) that the wills shall not be revoked. Such an agreement is binding following the death of the first testator. If, following the first death, the will of the second testator is revoked by a new will, then although that new will is admissible to probate any beneficiary prejudiced by the revocation of the previous will has a claim against the second testator's estate. An alternative to mutual wills is for two testators to leave their estate in trust for the survivor of them for life with a gift over, so that control is retained over the deceased testator's estate.

Subjects: Law.

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