Maryland Agreement to Execute Mutual Wills
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FAQ
Mutual Wills are Wills drawn up by at least two people and are signed following an agreement between the individuals which it is intended should bind the survivor of them. Each individual agrees with the other not to alter their Will after the other dies.
Mutual Wills are Wills usually made between two persons - often spouses or partners. Mutual Wills are done simultaneously and are usually accompanied with a binding contract which both parties execute, agreeing to not change or revoke their Wills, without the express permission of the other party.
No, in Maryland, you do not need to notarize your will to make it legal. Maryland does allow you to make your will "self-proving," which speeds up probate because the court can accept the will without contacting the witnesses who signed it.
A joint will can be executed with each other or with the third person in accordance with a proper agreement or contract in order to transfer or dispose of the property. A joint will can be made with another person through an agreement but it cannot be revoked by one testator.
Reciprocal wills could be joint, mirror or mutual, but joint wills (one will made by two people) are not legal in Ontario. Mirror Wills are made by two parties who leave their estates to one another with gift overs to the same beneficiaries.
A joint will is one document signed by two people. A mutual will represents two individual wills that are signed separately, but are largely the same in content.
A mutual will's purpose is to ensure that property passes to the deceased's children rather than to a new spouse if a living spouse remarries after the death of the other.
For Mutual Wills to be binding there must be an agreement made between the Testators. For the agreement to be legally binding the testators must agree not to revoke the Wills and then make the Wills in light of the agreements made. Mutual Wills differ to other types of Wills, such as Mirror Wills.
Mutual Wills are wills made by spouses or partners at the same time, together with a contract to which they are both parties. In the contract the spouses (or partners) each agree to be legally bound not to change their respective wills without each other's consent.
