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Mutual Wills

• Such wills, made in each other's favour, usually by husband and wife, usually include an agreement that neither will revoke without the other's consent.

• Such agreements generally are taken to be a form of constructive trust in that once one of them has died, any attempt to revoke the agreement could result in the court holding the agreement to be good and insisting that any agreed distributions be made.

REMEMBER You should not use any information contained on this page as the basis of any action until you have discussed matters with your financial adviser.