A mutual wills arrangement is a specific type of estate planning where two people agree not to change their wills after one of them passes away.
Our mutual wills lawyers help you put in place a clear and enforceable structure so your agreed wishes are carried through.
We guide you through whether mutual wills are appropriate, explain the risks and limitations and prepare documents that reflect your agreement with clarity and certainty.
Mutual wills are separate wills made by two people, supported by a binding agreement that neither party will change their will after the other dies.
Unlike standard wills, which can usually be changed at any time, mutual wills create a contractual obligation. This means that once one person passes away, the surviving party may be restricted from altering how assets are ultimately distributed.
This structure is commonly used where both parties want to ensure that agreed beneficiaries, such as children from previous relationships, are protected.
Mirror wills are similar wills made by two people, but they are not binding. Either person can change their will at any time, even after the other has passed away.
Mutual wills go further by creating a legally binding agreement. Once one party dies, the surviving party may be prevented from changing their will in a way that is inconsistent with the agreement.
This added certainty is the key difference, but it also introduces complexity and potential limitations.
Mutual wills are most commonly considered in blended family situations, where both parties want to ensure that their respective children are ultimately provided for.
They may also be appropriate where there is a strong mutual intention about how assets should be distributed and a concern that this intention could change over time.
However, mutual wills are not suitable for every situation. We help you assess whether the structure aligns with your circumstances and long-term objectives.
Mutual wills can be restrictive. Once one party passes away, the surviving party may have limited ability to deal with their estate differently, even if circumstances change.
There can also be disputes if the agreement is unclear or not properly documented. Enforcement may require legal proceedings, which can be costly and time-consuming.
Because of these risks, careful drafting and clear advice are essential.
If you die without a will, your estate will be distributed under the intestacy provisions of the Succession Act 2006 (NSW).
This means the law determines who receives your assets, which may not reflect your wishes.
For example, if you have a partner and children from a previous relationship, your estate may be divided between them according to statutory rules. This can create uncertainty, disputes, or unintended financial consequences.
Having a will ensures:
your assets go to the people you choose;
your estate is administered efficiently; and
your family has clarity during an already difficult time.
Mutual wills can provide certainty and protection where there is a shared intention about how assets should ultimately pass. When properly structured, they help ensure that agreed beneficiaries are not overlooked and that your estate plan remains consistent over time.
Creates clarity around how your assets will be distributed, reducing the risk of later changes.
Ensures both parties are legally bound to honour the arrangement, even after they pass away.
Helps safeguard intended beneficiaries where there is concern about future changes.
Provides consistency and structure, helping avoid disputes and uncertainty after the first death.
We’re here to protect your intentions
Our wills and estates lawyers help you decide whether mutual wills are appropriate, explain the risks involved and prepare clear, enforceable documents that reflect your agreement.
Mutual wills require careful drafting and clear advice to ensure the arrangement is effective and enforceable. We take a practical approach to help you understand the structure, the risks involved and whether it is the right fit for your circumstances.
We ensure your mutual wills arrangement is properly structured and clearly documented to reflect your agreement.
We explain how mutual wills operate in plain English, so you understand both the benefits and limitations.
We identify and explain the risks upfront, helping you decide if mutual wills are right for your circumstances.
We provide fixed-fee pricing and clear explanations upfront, so you know exactly what to expect.
