What are some of the problems associated with joint and mutual wills?
What will be an ideal response?
Joint wills are created as one document and requires the consent of both parties to revoke the document. This may prove difficult. Spouses may get divorced and may no longer have amicable relations, a spouse may outlive another spouse, a spouse may not consent to changes, or a spouse may destroy the document which will cause the other to become intestate. Mutual wills are separate documents with identical provisions, in which there is an agreement that neither testator will change the will until after the death of the other. This places a burden on the survivor.
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