Agreement to Enter Mutual Wills

This is an Agreement to Enter Mutual Wills according to agreed provisions that may be used in conjunction with our Will document.

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Last updated October 23, 2025

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Suitable for Australia

Agreement to Enter Mutual Wills

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What is a agreement to enter mutual wills?

An agreement to enter mutual wills is a contract between two parties to make separate wills with reciprocal or corresponding provisions, reflecting their shared intentions for certain assets or property.
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When should you use a agreement to enter mutual wills?

You should use this agreement when you and another party want to ensure your wills contain matching provisions about specific assets and wish to formalise your mutual intentions before drafting the actual wills.
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What should be in a agreement to enter mutual wills?

The agreement should include the parties’ details, the specific agreed provisions for the wills, schedules outlining affected assets, and signatures witnessed by an independent third party.
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Frequently asked questions

How does this agreement protect my intentions for my estate?

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Does signing this agreement create a will?

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What are the risks of using this agreement?

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Can this agreement be signed electronically?

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What assets can be included in the agreement?

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What happens if one party does not follow through with their will?

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How should I store and maintain this agreement?

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View Sample Agreement to Enter Mutual Wills

Agreement to Enter Mutual Wills
risk level indicator at Medium level

The Legal Risk Score of a Agreement to Enter Mutual Wills Template is Medium

Our legal team have marked this document as medium risk considering:

  • Changes in personal circumstances or desires after the agreement is signed could lead to conflicts, as the agreement restricts parties from altering their wills without mutual consent.
  • The reliance on mutual consent for any changes to the wills could delay necessary updates or adaptations to the wills, potentially causing issues in estate planning.
  • The agreement assumes all parties will adhere to the terms until death, which might not account for changes in relationships or financial situations that could impact the execution of the wills.

Users should consider their long-term intentions and relationships with the other parties involved, as this agreement requires a high level of commitment and stability in those relationships.

Meet Our Users

Articles about Agreement to Enter Mutual Wills

What's a Mutual Will?
By Laura Worrad|Jan 6, 2020

What's a Mutual Will?

We all know what a will entails, but what is a mutual will? Read this guide to find out more about mutual wills and whether you should have one.

Famous Challenges to Wills: Celebrities in Court
By Dominic Woolrych|Sep 6, 2013

Famous Challenges to Wills: Celebrities in Court

Read about some of the most well-known and interesting challenges to Wills and Estates which ended up in the Courtroom in this article.

Wills vs Testamentary Trusts: Key Differences
By Alistair Maclennan|Dec 5, 2025

Wills vs Testamentary Trusts: Key Differences

Using a testamentary trust in your will can change the legal ownership of the assets making up your estate when you pass away. Find out more here.

What is the Difference Between Deeds and Agreements?
By Angela Omari|Mar 15, 2022

What is the Difference Between Deeds and Agreements?

Interested in learning more about the differences between deeds and agreements? This blog will explain everything you need to know.

What Is A Binding Financial Agreement?
By Raja Abbas|Jul 18, 2025

What Is A Binding Financial Agreement?

This article explores everything you need to know about binding financial agreements (BFAs).

Who Can Make a Claim From a Will?
By Tom Willis|Dec 10, 2020

Who Can Make a Claim From a Will?

Do you feel left out of a will? Or perhaps you deserve a larger part of it? Find out how to make claims from a will from this article.

Inheritance Transfers: Legal Complexities
By Edwin Montoya Zorrilla|Dec 5, 2025

Inheritance Transfers: Legal Complexities

The transfer of wealth from one generation to the next through inheritance is a significant event that affects many Australian families.

Intestacy Explained: What Happens When You Die Without a Will
By Jackie Olling|Nov 21, 2025

Intestacy Explained: What Happens When You Die Without a Will

Having a will drafted can seem complicated and time-consuming, but not having one means you risk dying intestate. Find out what it means here.

Per Stirpes vs Per Capita in a Will: Key Differences
By Jackie Olling|Dec 1, 2025

Per Stirpes vs Per Capita in a Will: Key Differences

When making a will, it can be hard to know how to distribute it. Read this guide to understand the differences between the two main methods.

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