Though the terms sound similar, a mutual will should not be confused with a joint will.
For example, John and Alice create mutual wills. John dies and his property passes to Alice. Alice takes a new husband, Jay. When Alice dies, because of an agreement made in the mutual will, her property will not pass to Jay. Instead, it will go to John and Alice's children.
Investment dictionary. Academic. 2012.
Look at other dictionaries:
mutual will — see will Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 … Law dictionary
mutual will — One in which two or more persons make mutual or reciprocal provisions in favor of each other. Mutual wills are the separate wills of two persons which are reciprocal in their provisions, and such a will may be both joint and mutual. Sometimes… … Black's law dictionary
mutual will — noun A pair of identical documents executed by a married couple, one signed by the husband, the other by the wife, intended to create an irrevocable contract insuring identical dispositions of their property upon the death of either or both … Wiktionary
joint and mutual will — (or joint and reciprocal will). One executed jointly by two persons with reciprocal provisions, which shows on its face that the devises are made one in consideration of the other. Wetzel v. Watson, W.Va., 328 S.E.2d 526, 529. Joint will is one… … Black's law dictionary
joint and mutual will — see will Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 … Law dictionary
joint and mutual will — A will executed jointly by two persons, the provisions of which are reciprocal, and which shows on its face that the devises are made one in consideration of the other. 57 Am J1st Wills §§ 680 et seq … Ballentine's law dictionary
will — 1 n 1: the desire, inclination, or choice of a person or group 2: the faculty of wishing, choosing, desiring, or intending 3: a legal declaration of a person s wishes regarding the disposal of his or her property after death; esp: a formally… … Law dictionary
will — An auxiliary verb commonly having the mandatory sense of shall or must. It is a word of certainty, while the word may is one of speculation and uncertainty will, noun Wish; desire; pleasure; inclination; choice; the faculty of conscious, and… … Black's law dictionary
mutual and reciprocal will — See joint and mutual will (or joint and reciprocal will) mutual will … Black's law dictionary
will — Volition, purpose; desire. An instrument by which a person makes a disposition of his property, to take effect after his decease. Barney v Hayes, 11 Mont 571, 29 P 282. An instrument executed by a competent person, in the manner prescribed by… … Ballentine's law dictionary