Legal Definitions - mutual testament

A mutual testament (also known as a mutual will) refers to two separate wills made by two individuals, typically spouses or partners, who have entered into a legally binding agreement not to revoke or change their wills after the death of the first person. This agreement ensures that the surviving individual will honor the agreed-upon distribution of assets, often to specific beneficiaries like children from a previous marriage or a shared charitable cause, even after the death of their partner. The core feature is the contractual agreement that restricts the survivor's ability to alter their will.

• Example 1: Blended Family Inheritance

  Sarah and Mark are a married couple, each with children from previous marriages. They want to ensure that upon the death of the first spouse, the surviving spouse will continue to provide for all their children, and that specific assets will eventually pass to each spouse's biological children, with the remainder going to their shared grandchildren. They create individual wills reflecting this plan and sign a separate contract agreeing that neither will revoke or alter their will after the first one dies.

  This illustrates a mutual testament because Sarah and Mark have not only made reciprocal wills but have also entered into a binding agreement that prevents the surviving spouse from changing the terms of their will, thereby guaranteeing the agreed-upon inheritance for all their children and grandchildren.

• Example 2: Charitable Legacy

  Eleanor and Robert, an elderly couple with no children, are deeply committed to environmental conservation. They decide that after both of them pass away, their entire estate should be donated to a specific national park foundation. They each draft a will stating this intention and sign a mutual agreement that neither will change this provision, even if one outlives the other by many years and their circumstances change.

  This demonstrates a mutual testament as Eleanor and Robert have made wills with a common beneficiary (the national park foundation) and, crucially, have contractually agreed that the surviving spouse will not revoke or modify this charitable gift, ensuring their shared philanthropic wish is fulfilled.

• Example 3: Protecting a Vulnerable Beneficiary

  David and Lisa have an adult child, Michael, who has severe disabilities and requires lifelong care. They want to ensure that a significant portion of their estate is used to fund a special needs trust for Michael's benefit. They create wills establishing this trust and enter into a mutual agreement that neither parent will change their will to disinherit Michael or alter the trust's provisions, even if the surviving parent remarries or has other financial needs.

  This is a mutual testament because David and Lisa have created wills with a specific, shared goal (providing for Michael's long-term care through a trust) and have entered into a binding agreement that prevents the surviving parent from changing these provisions, thereby guaranteeing Michael's future financial security and care.