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Joint/Mirror/Mutual Wills |
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Since both parties seem to have to agree to it, (and one of them may not),can mutual wills "drawn up in happier times" ever be revoked?
If the Wills are Mutual Wills (as opposed to mirror Wills) then the Wills cannot be revoked without the other's consent. A trust is imposed which frustrates any revocation.
A mutual Will can be revoked on the occasion of a subsequent marriage, however the Trust will still be operational over the property which may have been received on the the first death.
Answered by:Mark Keenan, Editor
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Can joint wills be changed after one person has died, or will this will stand as originally written. My father and his partner have one and I wondered whether she could change it after his death?
There are a number of different ways that Wills can be drafted. A Joint Will is a single document stating the wishes of two people. They are not common.
Mirror Wills are two Wills made in identical terms although these can be revoked at any time by the Testator.
Mutual Wills are essentially mirror Wills, however at the time the Wills are made each party agrees that the Wills are not be revoked at any time particularly after the death of the first Testator. There should be documentary evidence to confirm that the Wills are mutual.
You will need to discuss with your Father the intentions of both himself and his Partner when the Will was made. If the Wills are simply Mirror Wills they can be revoked by either party at any time.
Answered by:Mark Keenan, Editor
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