Q: What is an example of a mutual will?

The husband’s first marriage produced children. The wife’s prior marriage produced children as well. “I leave everything to my wife, but if she has passed away, 50% of my estate will be divided among my children and 50% is to be divided among my wife’s children,” the husband may write in his will.

Question 1

Can I make changes to my Mutual Will later?

Accepted Answer

Yes, you can update or amend your Mutual Will at any time. We recommend consulting a legal expert if you need to modify your preferences to ensure that changes comply with legal requirements.

Question 2

Who can act as a witness for my Mutual Will?

Accepted Answer

Your Mutual Will requires two witnesses who must be of legal age and not beneficiaries of your document. Witnesses should also provide valid identification to ensure the document&#8217;s authenticity.

Question 3

Why should I choose ezyLegal for creating my Mutual Will?

Accepted Answer

ezyLegal offers a seamless, online solution with expert support, transparent pricing, and a secure process to help you create a legally binding Mutual Will with ease. We prioritize your privacy and ensure that your wishes are respected.

Question 4

What does the term "mutual will" mean?

Accepted Answer

A mutual will is when two people (e.g., spouses) make separate wills with a binding agreement not to change them, especially after one dies, ensuring assets follow a shared plan. Recognized in India by courts, not the Indian Succession Act, 1925

Question 5

What is the difference between a mutual will and a joint will?

Accepted Answer

A mutual will involves two separate wills with a binding agreement not to revoke them, locking in a shared plan after one testator dies. A joint will is a single document signed by both, outlining their wishes, but it’s revocable unless intent binds it. In India, both follow the Indian Succession Act, 1925, but mutual wills need a clear pact for irrevocability.

Question 6

What is the alternative to a mutual will?

Accepted Answer

Alternatives include a joint will (one document for two people, revocable unless binding), mirror wills (separate, identical wills without a binding agreement), a trust (manages assets with flexibility), or gifting assets during your lifetime (e.g., registered for property under Section 123 of the Transfer of Property Act, 1882). Each offers different levels of control and adaptability compared to the irrevocable nature of a mutual will.

Question 7

Can legal heirs challenge will?

Accepted Answer

Nonetheless, the testator and two attesting witnesses must sign the will in accordance with Section 63 of the Indian Succession Act. Therefore, a legal heir may contest a will if it is not properly signed and witnessed.

Question 8

What is an example of a mutual will?

Accepted Answer

The husband&#8217;s first marriage produced children. The wife&#8217;s prior marriage produced children as well. &#8220;I leave everything to my wife, but if she has passed away, 50% of my estate will be divided among my children and 50% is to be divided among my wife&#8217;s children,&#8221; the husband may write in his will.

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