Q&As

A husband and wife have created mutual Wills to the effect that they will not revoke their Will after the death of the first to die if it is then unamended and unrevoked, with no mention of what should happen during their lifetime or notice being given. One spouse has lost capacity. Can notice be served by the spouse that retains capacity to revoke the mutual Will?

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Produced in partnership with Lynne Counsell of 9 Stone Buildings
Published on LexisPSL on 30/09/2020

The following Wills & Probate Q&A produced in partnership with Lynne Counsell of 9 Stone Buildings provides comprehensive and up to date legal information covering:

  • A husband and wife have created mutual Wills to the effect that they will not revoke their Will after the death of the first to die if it is then unamended and unrevoked, with no mention of what should happen during their lifetime or notice being given. One spouse has lost capacity. Can notice be served by the spouse that retains capacity to revoke the mutual Will?
  • Mutual wills
  • Wills and incapacity
  • Summary

A husband and wife have created mutual Wills to the effect that they will not revoke their Will after the death of the first to die if it is then unamended and unrevoked, with no mention of what should happen during their lifetime or notice being given. One spouse has lost capacity. Can notice be served by the spouse that retains capacity to revoke the mutual Will?

Mutual wills

Mutual wills are Wills executed by at least two individuals as a consequence of an agreement between the parties to create irrevocable interests in favour of ascertainable beneficiaries.

Re Dale: 'The doctrine of mutual wills is to the effect that where two individuals have agreed as to the disposal of their property and have executed mutual wills in pursuance of the agreement, on the death of the first (“the first executor”) the property of the

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