A Will is a way for individuals to decide how their property will be distributed after their death. A Mutual Will is a joint agreement between spouses that outlines how their assets will be handled after one or both of them pass away.

The most common structure of a Mutual Will is that when one spouse dies, all assets are inherited by the surviving spouse, and after the surviving spouse’s death, the remaining assets are passed on to their children.

Can a Mutual Will Be Canceled?

Yes, but the process varies depending on the circumstances:

When Both Spouses Are Still Alive:

If one spouse wishes to cancel the Mutual Will, they must formally notify the other spouse in writing. This ensures the other spouse has an opportunity to create a new will. Without formal notice, any new Will written by the spouse attempting to cancel is invalid, and the original Mutual Will remains enforceable.

After One Spouse Has Passed Away:

If the surviving spouse wants to cancel the Mutual Will, they are legally required to give up their inheritance from the deceased spouse and return all assets they received under the Will. This effectively reverts the estate to the default inheritance laws, dividing the assets among the children and the surviving spouse. Only then can the surviving spouse create a new Will.

If the Assets Have Already Been Distributed:

The surviving spouse must return the portion of the estate they inherited before being allowed to cancel the Mutual Will.

What Happens if the Surviving Spouse Sells or Uses the Assets?

Even if the Mutual Will specifies that the remaining assets should go to the children after the death of the surviving spouse, the surviving spouse retains the right to sell property, use the money for personal needs, or even gift assets to others.

The Importance of Proper Legal Guidance

Drafting a Mutual Will should be done with the help of a qualified attorney. Both spouses share their intentions, and ensure the will is tailored to their specific needs and wishes.

Why Work with a Specialized Attorney?

A Mutual Will drafted by an experienced attorney offers several benefits:

It ensures the Will is legally sound and capable of withstanding challenges.

It guarantees that the couple’s shared wishes will be carried out as intended.

If you are considering a Mutual Will, our firm specializes in estate planning and can help you draft a Will that protects your wishes and assets.