Mutual wills arise where two people, usually, but not necessarily, husband and wife, have made an agreement as to the disposal of their property and each has in accordance with the agreement executed a will, both containing similar provisions.

Precedents can be found in:

  • King, Biggs and Gausden, Practitioner’s guide to wills. 3rd ed. (2010), Precedent A1B.
  • Encyclopaedia of Forms and Precedents, Vol. 42(1), Form 67 : Commencement of a mutual will where there is an agreement not to revoke.

A ‘declaration in respect of mutual will’ clause can be found in :

  • Practical Will Precedents (loose leaf, 1987-); Precedent F1g.
  • Brighouse’s Precedents of Wills. 14th ed. (2007) at para. 2-075.

Clauses ‘negativing mutual irrevocability’ and ‘imposing mutual irrevocability’ can be found in :

  • Butterworth’s Wills, Probate and Administration Service (loose leaf), Division A.

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(Common Queries record last updated May 2014)