The Wills Act 2025 What is to change re Mutual Wills

Before we plunge into what is to change regarding Mutual Wills, lets deal with the first issue.

What is a Mutual Will?

Well, a Mutual Will does the same as a normal will except it is also a legally binding agreement between two individuals. The agreement is that they will not alter their Wills after the death of the first testator, and this transforms the wills in a contract. Imagine you’ve asked a builder to come and do some work to your property; they do half of it and walk away. You can claim against them because you have a contract, and the builder hasn’t fulfilled their side of the contract; this is similar for Mutual Wills. If two people make Mutual Wills, then one person dies and the survivor amends their Will, the beneficiary of the Will can claim against the survivor as they have broken their contract.

A Mutual Will is also irrevocable unless by mutual agreement between the two people making the Will or breach and this can only happen before the death of the first testator. Mutual Wills are not simple and require careful consideration of legal implications of the Will and any potential for disputes.

Another important legislation to consider is the Inheritance (Provisions for Family and Dependants) Act 1975 which gives certain classes of people such children, grandchildren, spouses etc the ability to challenge a Will if they believe that adequate provision has not been made for them in a Will.

As Mutual Wills are irrevocable once one of the parties dies a person who might have a claim against an estate (who wasn’t provided for in the will) cannot claim against the assets within the Mutual Will as the surviving spouse cannot change the Will. The Law Commissions report has recommended that the Inheritance (Provisions for Family and Dependants) Act 1975 should be amended to provide that property involved in a Mutual Wills arrangement should be treated as part of the deceased’s net estate, which means that it could be claimed against and financial provision can be made for someone if their claim is successful.

At Crombie Wilkinson Solicitors, our specialist legal advisers offer comprehensive estate planning services, including drafting Wills, setting up LPAs, and advising on inheritance tax planning. These measures work together to provide peace of mind, ensure your wishes are upheld, and protect you and your family as you age.

To discuss your personal circumstances, please contact a member of our Private Client team and make an appointment, we are here to help. We have offices in York, Selby, Malton and Pickering.