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Mutual Wills

A Mutual Will is where two people enter into Wills at the same time with the intention that they are binding upon each other. The Wills commonly provide for each other on the first death and then stipulate what will happen on the second death.

The main difference between a Mirror Will and a Mutual Will is that a Mutual Will is binding on both parties. The parties cannot unilaterally alter their Wills.

When the first person dies the assets essentially form part of a Trust. This means that the survivor has limited ways in which these assets can then be used, as the assets must be ring-fenced and safeguarded for the couple's ultimate beneficiaries.

If, after one party has died, the survivor attempts to change the distribution of their estate, then the law of equity will step in. This means that the survivor will be required to give effect to the deceased's wishes and the agreement that was put in the Mutual Wills.

The idea of a Mutual Will may seem ideal to many couples who want to protect their chosen beneficiaries. However, many professionals strongly advise you against Mutual Wills. They can cause problems for the survivor, restrict the survivors use of the assets and essentially not meet your wishes.

There are often much simpler ways to achieve the same results and safeguard your assets. By talking to one of our specialist team we can help guide you through the process and advise you on what best suits your needs.

For more information, why not click the links above or download one of our helpful guides.  Alternatively, give us a call on 01302 341414 (Doncaster) and 0114 272 1884 (Sheffield) and our friendly team will be happy to have a chat with you.

There are lots of different types of Wills. Download one of our guides below. 

Our team can advise you all about:

Will Factsheet 2017.pdf
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Appointing a guardian - sheffield.pdf
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Asset Protection Factsheet 8.8.18.pdf
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carehome booklet - New images - sheffield 2.pdf
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Mutual Will

Need to make a Will? Put it off for too long? 

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01302 341 414 0114 272 1884
Wills, Probate and Trust Team Lead by Partners, Stephen Coates and Lauren Smith our Wills, Probate and Trusts team will help you plan for the future and protect your assets Meet the team

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Wills, Probate and Trusts Team

If you are looking for legal experts to help you with your Wills, Probate or Trusts needs, our team will give you a call back at the earliest opportunity. Alternatively, you can call our Doncaster office on 01302 341414 or our Sheffield office on 0114 272 1884
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