Wills made by two people with a binding contractual agreement not to change them without the other's consent. If one dies and the survivor later changes their will, a court may impose a constructive trust to enforce the original agreement.
Wills made by a couple who've agreed not to change them. Unlike mirror wills, this is a binding contract. Typically used when couples want to ensure property ultimately goes to specific people (like children from previous relationships). If the survivor changes their will after the first dies, the court may enforce the original agreement. Generally not recommended due to inflexibility.
⏱ When you'll encounter this term
- Blended families with children from previous relationships
- Estate planning where you distrust the survivor to honor commitments
- Protecting specific beneficiaries after the first death
- Discussions about binding vs. non-binding wills
- Legal challenges to changed wills after one spouse dies
"Dad and his second wife made mutual wills agreeing everything would go to all four children from their previous marriages. After Dad died, she changed her will to favor only her kids. We sued and the court enforced the original agreement."
💡 Did you know?
Mutual wills create serious inflexibility—the survivor may be bound for decades, unable to respond to changed circumstances like estrangement, remarriage, or financial changes. Most lawyers recommend testamentary trusts or life interests instead, which achieve similar protection with more flexibility.