Definition of mutual will and the requirements which must be met to make its doctrine operate

  • A mutual will is an arrangement between two people usually a husband and wife to execute mutual wills making provision for each other with the remainder to a third
    party usually a child.
  • There must be an agreement to the effect that the survivor cannot revoke the arrangement.
  • On the death of either party leaving his or her will unrevoked the arrangement becomes binding.
  • It is an equitable doctrine developed to prevent an unconscionable revocation of a will.
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