Legal Definitions - counter will

A counter will is a type of mutual will, which is a set of two separate wills made by two people, usually a husband and wife, that establish identical or similar testamentary provisions disposing of their estates in favor of each other. The counter will is also known as a reciprocal will, double will, or mutual testament.

For example, a husband and wife may each make a will leaving their property to the other spouse. This type of will is called a mutual will or counter will because each spouse's will is dependent on the other spouse's will. If one spouse dies, the other spouse's will takes effect, and vice versa.

The purpose of a counter will is to ensure that both parties' wishes are carried out after their deaths. It is important to note that a counter will is a legally binding document and should be executed with the assistance of an attorney to ensure that it complies with state laws.