WHO WILL BENEFIT FROM EXECUTING MUTUAL WILLS?
There will be a number of circumstances when testators will be particularly concerned to ensure that their property passes in the manner they intend. The most common category is persons whom remarry and have children from a previous marriage. In such circumstances they may wish to make provision for their new spouse, but also intend their property to ultimately flow to the children of the first marriage. They might therefore decide that they wish their new spouse to enjoy the testator’s property or his/her interest in joint property during the new spouse’s lifetime. It will be seen this may be affected through a life tenancy or the conferral of an absolute interest on the surviving spouse. Equally, though the testator may wish that his/her property pass to his/her children once the new spouse dies. Subject to the surviving spouse not breaching the mutual wills agreement, discussed in more detail below, mutual wills can be used to ensure that the testator’s children from the previous ma
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