Reciprocal wills are mutually binding wills made by spouses or long-term partners. Each will has specific terms that must be met, and changes can only be made if they do not violate the conditions set forth in the other will. It is advisable to use an experienced solicitor and carefully review the documents. Reciprocal wills should not be confused with joint wills, and mirror wills are identical copies of each other.
Reciprocal wills are wills made for the parties to a relationship that are mutually binding in nature. Spouses most commonly create mutual wills, although such wills can also be made by long-term partners who aren’t married. Each will has specific terms that must be met in the event that one testator dies before the other. If the surviving testator attempts to change the terms of their will or withdraw from the agreement, there may be grounds for suing if people can show that the change would cause harm, such as depriving the children of their inheritance.
People use each other’s wills to make sure their wishes regarding the disposition of their possessions are met and to create some protections. For example, a man with children from a previous marriage might specify that some portion of the estate must go to his children after both he and his wife die. This ensures, for example, that his widow would not be homeless after his death and that his children would inherit the house, but it also means that his widow cannot will the house to someone else, such as her children from another marriage. after her husband’s death.
Reciprocal wills may include a number of terms and conditions. You can make changes to these wills as long as they do not violate the conditions set forth in the other will. Since drafting reciprocal wills can be a complicated task, it is advisable to employ the services of an experienced solicitor and take the time to carefully review the documents to confirm that they are an accurate representation of the wishes of all parties involved.
A mutual will should not be confused with a joint will. A joint will is a will written by two or more people together. Some people create such documents for convenience. Mirror or reciprocal wills, which are identical copies of each other, are an example of one type of reciprocal will. To borrow from our example above, if a husband and wife indicated in separate wills that all of their assets would go to their surviving spouse in the event of their death, these would be mirrored wills. If, on the other hand, the husband included specifics about the home he brought to the marriage going to his children from his first marriage, the spouses would have mutual wills, but not mirroring wills.
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