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In the law of Wills Joint and Mutual Wills are closely related expressions used to denote two types of testamentary disposition of property used by a married couple.
A Joint Will is a single document used by more than one executor, usually a married couple, for making disposition of each of their properties on death unless any of them revokes his portion of the same during lifetime. A Joint Will is a separate disposition of property by each of the executors of the said Will in the said same document.
Mutual Will is an irrevocable contract between two spouses to dispose of their property in a particular manner. Mutual Wills are two or more sets of Wills or dispositions of property by more than one executor, which are mutually binding on one another, so that on the death of any such executor the survivor cannot change the manner of distribution of the estate or do anything to upset the distribution schedule set in the Mutual Will. The restriction is due to the binding agreement between the survivor and the deceased on the disposition of their respective property.
Mutual Wills ensure passing on of property to children out of a particular wedlock instead of the widow or widower or their spouse on remarriage. Moreover, if both spouses have children by a prior marriage, their Mutual Will stands in the way of surviving spouse cutting out the children of the deceased or the stepchildren from the benefit of legacy under the Will.
The recognition of these forms of Wills varies across states or jurisdictions.
Unlike a Mutual Will, a Joint Will is revocable since it does not express any mutual intention.
A Will can be both joint (on a single document) and mutual.
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