Texas Agreement to Execute Mutual Wills
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FAQ
A joint will can be a good idea if both you and your partner are in total agreement about how you want to distribute your property, your estates aren't complicated, and you only have a few beneficiaries.
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.
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.
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.
Joint wills are legal contracts. To change any terms, you need both parties. This is impossible if one party is dead. As soon as the first spouse dies, the will becomes irrevocable.
Technically, yes, a couple could use a joint will for this. However, it's a very bad idea, and I would not ever use one. Nor would I ever create one for a client, even if they asked for one. The main problem is that the surviving spouse cannot change the terms of the will.
If I have a will, does my spouse need one? The answer is yes everyone should have a will! If you're married, you and your spouse can have separate (or joint) wills that you sign yourselves. This way, if something were to happen to one of you, there's no room for ambiguity or confusion.
A joint will is prohibited because: (1) A will is a purely personal and unilateral act and this is defeated if two or more persons make their will in the same instrument; (2) It is contrary to the revocable character of a will.
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 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.
