Define the mutual will and list the requirements which must be met to make its doctrine operate
ANSWER
- A mutual will is an arrangement between two people usually a husband and wife to execute mutual wills making provision for each other with the remainder to a third party usually a child.
- There must be an agreement to the effect that the survivor cannot revoke the arrangement.
- On the death of either party leaving his or her will unrevoked the arrangement becomes binding.
- It is an equitable doctrine developed to prevent an unconscionable revocation of a will.