(Also read 'Good WILL Hunting- The Importance of Making a Will - Sample Will Format' Sample Format of Mutual/Recirocal Will can be found below.)
One of the Fundamental Distinctions between a Will
and a Contract is Privity. The beneficiary to a Will does not and cannot sign the
Will of the Testator. There is no proposal or acceptance. However, there is one
type of Will, in which the Testators must sign and the they also stand
a chance to be the beneficiaries. This is a mutual/reciprocal Will. This is where two or more persons make a
mutual will where reciprocal benefits are conferred upon each other i.e.
similar rights are given to each other in each other’s property. For example, A
bequeaths all this property to B, and B makes a Will giving all his property to
A.
It is well settled that a mutual/reciprocal will
cannot