​KembaraXtra – Legal Terms – Mutual Wills
​Mutual wills are wills made by two people, commonly spouses, under an agreement that neither will revoke or alter the arrangement after one of them dies.
The agreement becomes binding once the first testator dies.
If the surviving testator later revokes the agreed will and makes a new one, the later will may still be legally valid for probate purposes.
However, beneficiaries disadvantaged by the change may enforce their rights through a constructive trust against the survivor’s estate.
Mutual wills are often used to ensure that property ultimately passes to agreed beneficiaries, such as children from a marriage.