Mutual Last Will and Testament

A Mutual Will is where the Will of two people mirror each other. For Example, a Husband and Wife each make a Will leaving their property the same.



Each set of Mutual Wills come with complete instructions and one of our most popular products. Showing sample Mutual Will for one State. Not all pages are shown in this sample.
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Article / Field Completion Instructions.
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You should keep your Will in a safe place once executed. It is also recommended that you give a copy to your executor or other person as additional proof of execution..
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ADDITIONAL INFORMATION ABOUT YOUR WILL FORM.
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This section will briefly explain some of the articles of your will and provide other information. Articles of the Will which are basically self explanatory are not discussed here. In addition, information which is already provided in the instructions above is not repeated..
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First Paragraph: The first paragraph of the Will, provides your name, residence information and provides that all prior Wills, if any, are revoked since you have now made a new Will. .
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Article Three: Some people have specific property that they desire to leave to a specific person, such as a ring or antique. This Article is for you to leave such property. You do not have to name specific property and may simply state none if not property is to be left under this Article. .
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Article Eleven: This Article is for you to name a personal representative, also called executor or executrix. The person named should be an adult and may be your spouse or relative. .
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Article Twelve: If not waived, some Courts will require your Personal Representative post a bond, and file an inventory, accounting and/or appraisal. All can be costly and time consuming. This Article states your intention that your Personal Representative not be required to post a bond or file an inventory or accounting. .
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Article Thirteen: This Article sets forth powers of your Personal Representative and is designed to give broad powers without the requirement that Court approval be sought for action by the Representative to the extent permitted by the laws of your State. .
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Article Fourteen: This article sets forth some legal construction intentions to clarify some of the issues which may arise. It also contains a common disaster clause which provides that if you and your spouse die in a common disaster, your Will is to have precedence. In cases where you and your wife are making Wills, you would only include this paragraph in one Will, or state in both which Will is to control. .
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BASIC INFORMATION .
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What is a Will? A Will is a document which provides who is to receive your property at death, who will administer your estate, the appointment of trustees and guardians, if applicable, and other provisions. .
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Who may make a Will? Generally, any person 18 years or older of sound mind may make a Will. (Some states allow persons under 18 to make a Will) .
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What happens if I die without a Will? If you die without a will you are an intestate. In such a case, state laws govern who receives your property. These laws are called "intestate succession laws". If you die without a Will, the Court decides who will administer your estate. Generally, it is more expensive to administer an estate of a person who died without a Will, than a person who dies with a Will. .
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General .
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When making a Will you need to consider who will be named as your personal representative or executor to administer your estate, who you will name as guardian and trustee of minor children if your spouse does not survive you and who will receive your property. You should also consider tax issues. The person appointed as executor or administrator is often your spouse, but you should also name an alternate, in case your spouse predeceases you. The person you name should be a person you can trust and who will get along with the beneficiaries named in the Will. .
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In the event your spouse predeceases you, the guardian you name will have actual custody of your minor children unless a court appoints someone else. The trustee you appoint to administer a trust you established will be in charge of the assets of the trust for the benefit of the minor beneficiaries. .
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Generally, a Will must be signed in the presence of at least two witnesses (three for Vermont) who also sign the Will. A notary public will also need to sign if the Will contains a self-proving affidavit. Generally, a self-proving affidavit allows the Will to be admitted to probate without other evidence of execution. .
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Joint Property: Many people do not understand that joint property may pass outside your Will and also sometimes assume that it will pass through their Will. They do not understand the significance of joint ownership. The issue is common in the following areas, provided as examples: .
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(a) Real Estate: Often, a husband and wife will own real estate as joint tenants with rights of survivorship. If one party dies, the surviving party receives the property regardless of what the Will provides. This is common and generally acceptable. However, if this is not your desire you should change the ownership of the property to tenants in common or other form of ownership. If you own real estate as tenants in common, then you may designate who will receive your share of the property at your death. This issue can be a problem when uninformed persons take title to real estate as joint tenants with rights of survivorship but really intended to leave their share to, for example, children of a prior marriage. .
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(b) Bank Accounts/Certificates of Deposit, Stock, Retirement Plans, IRA's and other type Property: The same ownership as real estate can be made of these investments. In fact, many Banks routinely place Bank accounts and Certificates of Deposit in the joint tenant with right of survivorship form of ownership if more than one person is on the account or CD, without advising you of the consequence of same. In situations where the persons are husband and wife and there is no issue or concern over divorce or children from previous marriages, this may be the best course of action. However, with divorce on the rise, premarital agreements and multiple marriages being common, the parties may be doing something that was not their intent. Another common problematic situation is where a parent has more than one child but only one child resides in the hometown of the parent. The parent may place the name of the child who resides there on all accounts, CD's and other investments for convenience reasons and establish a joint tenant with right of survivorship situation without realizing that only that child will be entitled to those assets at the parent's death. Simply put, you should be aware when you acquire an asset or investment exactly how it is titled. .
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LAST WILL AND TESTAMENT OF .
___________________________________[1] .
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BE IT KNOWN THIS DAY THAT, .
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I, _____________________________[2], of __________________[3] County, Arizona, being of legal age and of sound and disposing mind and memory, and not acting under duress, menace, fraud, or undue influence of any person, do make, declare and publish this to be my Will and hereby revoke any Will or Codicil I may have made. .
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ARTICLE ONE.
Marriage and Children .
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I am married to _____________________________[4] and have the following children from said marriage: .
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Name: _____________________________[5] Date of Birth: __________________[6] .
Name: _____________________________[7] Date of Birth: __________________[8] .
Name: _____________________________[9] Date of Birth: _________________[10].
Name: ____________________________[11] Date of Birth: _________________[12] .
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ARTICLE TWO.
Debts and Expenses .
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I direct my Personal Representative to pay all costs and expenses of my last illness and funeral expenses. I further direct my Personal Representative to pay all of my just debts that may be probated, registered and allowed against my estate. However, this provision shall not extend the statute of limitations for the payment of debts, or enlarge upon my legal obligation or any statutory duty of my Personal Representative to pay debts. .
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ARTICLE THREE.
Specific Bequests of Real and/or Personal Property .
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I will, give and bequeath unto the persons named below, if he or she survives me, the Property described below: .
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Name Address Relationship.
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______________________.
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In the event I name a person in this Article and said person predeceases me, the bequest to such person shall lapse and the property shall pass under the other provisions of this Will. In the event that I do not possess or own any property listed above on the date of my death, the bequest of that property shall lapse. .
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ARTICLE FOUR.
Homestead or Primary Residence .
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I will, devise and bequeath all my interest in my homestead or primary residence, if I own a homestead or primary residence on the date of my death that passes through this Will, to my Wife, _____________________________[31], if she survives me. If she does not survive me, then my homestead or primary residence shall pass under the residuary clause of this Will. .
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ARTICLE FIVE.
All Remaining Property - Residuary Clause .
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I will, devise, bequeath and give all the rest and remainder of my property and estate of every kind and character, including, but not limited to, real and personal property in which I may have an interest at the date of my death and which is not otherwise effectively disposed of, to my Wife, _____________________________[32]. .
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ARTICLE SIX.
Contingent - All Remaining Property - Residuary Clause .
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In the event that my Wife shall predecease me, I will, devise, bequeath and give all the rest and remainder of my property and estate of every kind and character, including, but not limited to, real and personal property in which I may have an interest at the date of my death and which is not otherwise effectively disposed of (“Residuary Estate”), to my child(ren) _______________________________________________________[33]. If I have more than one child and any one of my children shall predecease me, then the equal share set apart for that deceased child shall instead be distributed to his or her descendants, per stirpes. If one of my children shall predecease me leaving no descendants surviving, then the equal share set apart for that deceased child shall instead be distributed to my other child, or if that child has also predeceased me, then to his or her descendants, per stirpes.

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