Mutual wills 18 July 2022 at 4:44PM in Deaths, funerals & probate 5 replies 292 views

ahfat41

My 78 yrs old friend who is a widow and suffers from vascular dementia. She can no longer lives in her own. She has got mutual wills and there is a clause that the house cannot be sold during their life time. It can only be sold after their death and the proceed go to the two adult children. I thought somebody might know the answer before the family contacts a solicitor. Thanks

Mojisola

If the wills really are mutual and not just mirror wills, then she can't write another will - that's the point of mutual wills and why they are rarely made now.

Keep_pedalling

Mojisola said:

If the wills really are mutual and not just mirror wills, then she can't write another will - that's the point of mutual wills and why they are rarely made now.

But that does not prevent the house being sold if she needs the money to pay for care or to purchase or rent more suitable accommodation. A mutual will may not be able to be replaced but the assets owned by the survivor are still theirs to be used as they wish or as needed.

doodling

Hi,

The key questions are:
1. who owns the house? and,
2. If one of the owners is a trust, what are the terms of that trust?

If a trust is a part owner and the trust documentation actually says that the house cannot be sold (unusual, but so are mutual wills) then I suspect that the only way to get it sold will be either for the trustees and beneficiaries of the trust to agree the sale or for another owner (e.g. the widow, if she does part own the house) to obtain a court order to force the sale.

Hopefully any trust ocumentation won't actually say that the house cannot be sold - as I said before that would be unusual - the wording of her husband's will would probably help clarify the actual position.

ahfat41

Yes the house can be sold . Advice from step solicitor.

Mojisola

Keep_pedalling said:

Mojisola said:

If the wills really are mutual and not just mirror wills, then she can't write another will - that's the point of mutual wills and why they are rarely made now.

But that does not prevent the house being sold if she needs the money to pay for care or to purchase or rent more suitable accommodation. A mutual will may not be able to be replaced but the assets owned by the survivor are still theirs to be used as they wish or as needed.

My comment was a reply to a now deleted post that said she could make another will.