Walking the Tightrope in Mutual Will Drafting

In theory, mutual wills provide blended families with some certainty following the death of the respective will-makers, but in practice drafting mutual wills requires considerable planning and drafting precision. This session provides a guide to practitioners on practicalities and challenges in drafting mutual wills, including:

• How to structure mutual wills and key clauses
• Building in restrictions or options for revocation and termination pre-death
• Clarifying assets and property the subject of the testamentary intentions
• Limitations and restrictions on the survivor’s power and ability to dispose of, reduce or use the assets
• Techniques for factoring in circumstances including:
  • age differences of will-makers
  • nature of the family – step-children and/or biological children together
  • contributions of the parties before and during the marriage
  • length of the marriage
  • ongoing needs and circumstances of the surviving spouse.