Agreement to Enter Mutual WillsThis is an Agreement to Enter Mutual Wills according to agreed provisions that may be used in conjunction with our Will document.
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.