The Mutual Wills Doctrine and Damages Where a Mutual Will Agreement is Breached
November 02, 2016
By Andrea Buncic, WEL Partners
A mutual Will is a joint Will to which the Mutual Wills doctrine applies. It is viewed as an agreement signed by two testators wherein they both agree not to subsequently alter it. In this article, the author reviews the Mutual Wills doctrine, the test for establishing the existence of a mutual Will, the availability of damages in cases involving the breach of a mutual Will agreement, and a review of some of the applicable case law.