Agreement to Enter Mutual Wills
This is an Agreement to Enter Mutual Wills according to agreed provisions that may be used in conjunction with our Will document.
4.0 (2 reviews)
Last updated December 16, 2024
Under 10 minutes
Suitable for Australia
Written by
Edwin Montoya Zorrilla
Reviewed by
Damin Murdock
Document Overview
This is an Agreement to make mutual wills according to agreed provisions. It may be used in conjunction with our Will document.
This document outlines general agreement as to how mutual wills will be drafted. For a document that specifically lays out how wills will be maintained once signed, see our Agreement to Maintain Mutual Wills.
Important: how to draft and sign this Agreement
Signing this Agreement does not have the equivalent effect of creating a will, nor does it affect how a person's estate is disposed of after their passing. Rather, it represents the agreement between two parties to sign separate wills with corresponding or reciprocal intentions. However, once this Agreement is signed, failure to execute a will corresponding to this Agreement may have legal consequences.
The agreed provisions will be contained in separate schedules corresponding to the provisions of the document. Such provisions may be taken from our Will document. The schedules should specify the specific assets or property affected, and how they will be dealt with, and should not refer to "my estate" or "the residue of my estate" generally. The schedules should deal only with matters and property intended to be covered by the Agreement. The wills may deal with matters and property not covered by the Agreement, but this material must be dealt with outside the schedules.
The signing of an agreement such as this one is not regulated in the same manner as the signing of a will. For instance, unlike a will (which can only be e-signed in Victoria), this Agreement may be e-signed anywhere in Australia. In any event, it is advised that this Agreement be signed by a witness, and this witness should be a third party.
The Legal Risk Score of a Agreement to Enter Mutual Wills Template
Our legal team have marked this document as medium risk considering:
- Changes in personal circumstances or desires after the agreement is signed could lead to conflicts, as the agreement restricts parties from altering their wills without mutual consent.
- The reliance on mutual consent for any changes to the wills could delay necessary updates or adaptations to the wills, potentially causing issues in estate planning.
- The agreement assumes all parties will adhere to the terms until death, which might not account for changes in relationships or financial situations that could impact the execution of the wills.
Users should consider their long-term intentions and relationships with the other parties involved, as this agreement requires a high level of commitment and stability in those relationships.
Agreement to Enter Mutual Wills Checklist
Complete your free Agreement to Enter Mutual Wills with our checklist
Signature and Witnessing
Ensure that all parties involved in the agreement sign the document and have their signatures witnessed by an independent third party to validate the execution.
Store Documents Safely
Keep the original signed agreement in a secure location such as a safe or with a solicitor, and ensure that all parties have copies of the signed agreement for their records.
Review Periodically
Regularly review the agreement and the corresponding wills to ensure they still reflect the current wishes of the parties, especially after major life events or changes in assets.
Legal Review
Have the agreement and wills reviewed by a lawyer on the Lawpath platform to ensure they comply with current laws and effectively carry out the intentions of the parties.
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