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Breach of Mutual wills

O’Connor Ruddy & Garrett Solicitors can help you where a breach of mutual wills has occurred. A mutual will is an agreement between two will makers where they basically decide that neither of them will change their will without the other person’s consent.

The nature and meaning of a mutual will

The purpose of a mutual will is to ensure that the estate flows to the intended agreed beneficiaries. They are generally used to ensure that a will maker’s estate can be enjoyed by another in their lifetime but then passes to the third party – the ultimate beneficiary. Keep in mind, a mutual will can be in writing or by verbal agreement.

A case study demonstrating a breach of mutual wills

Two will makers were married but never had any children. The majority of their estate was given to them by the wife’s family. They both told the wife’s niece and nephew that they had named them as beneficiaries of their wills.

They were told on a number of occasions that they would receive the entirety of their estate when both passed away.

After the wife passed away the husband changed his will and gave part of the estate to other people in breach of the agreement they had previously.

In this circumstance, the niece and nephew can make a claim against the estate to force the original agreement between the two parties.

Needing help in making a claim?

Our breach of mutual wills team has cumulative years of experience in matters concerning breach of mutual wills. Contact us and we can begin the process of your case analysis today.


Have a question?

Where a mutual agreement is breached, seek justice now

  • Where an original agreement on a will has been breached get assistance
  • We can help you seek recourse and restore your rights
  • Call us and we can provide initial guidance free of charge

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    Need a Copy of a Will?

    If you need a copy of a Will and/or are seeking legal advice, the team at O'Connor Rudy and Garrett can assist you. We will contact you to confirm additional details and then organise contacting the required parties to secure a copy of the Will for you.