Our Library team explains where to find details of commentary and precedents for mutual wills.

The Law Society Library maintains a database of enquiries called Common Queries. These include results from research to find forms, precedents, rules, regulations and guidance. These records can be freely accessed via the library catalogue, Library Search.

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. Once one of the parties has died, the other party is bound by the agreement not to revoke their will.

You can find commentary and precedents in the following resources.

  • Parker’s Will Precedents, 10th edition (2020):
    • paragraphs 5.4 to 5.10 – commentary
    • paragraph 5.11, form 5.3 – clause creating a mutual will
    • paragraph 5.11, form 5.4 – agreement underpinning a mutual will
  • King, Biggs and Gausden, A Practitioner’s Guide to Wills, 4th edition (2017):
    • precedent A1B – mutual wills
  • Encyclopaedia of Forms & Precedents, volume 42(1) Wills and Administration (2016):
    • paragraph [28] contains commentary on mutual wills
    • form 83: clause in will – commencement of a mutual will where there is an agreement not to revoke
  • Practical Will Precedents (looseleaf):
    • precedent F1g [F1-221] – declaration in respect of mutual will (clause)
  • Butterworths Wills, Probate and Administration Service (looseleaf), Division A:
    • commentary is at paragraphs A [3.24] to [3.25]
    • paragraph AP [5.181] – negativing mutual irrevocability (clause)
    • paragraph AP [5.182] – imposing mutual irrevocability (clause)
    • see also paragraph H [1.61] – commentary generally on mutual wills.

Record last checked on 5 March 2020. 

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This FAQ is compiled by the Law Society Library. Comments relating to the questions should be sent to library@lawsociety.org.uk.

While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.