I’ve had a new client who made a mutual will with her now deceased husband. All of husband’s assets were held jointly with her and passed by survivorship to her.
She wishes to change her Will to include legacies to grandchildren/ step grandchildren.
Is she able to do this?
In short, NO.
The key issue is to ascertain whether in fact the wills are mutual wills. Many perceived mutual wills turn out not to be.
The essence of mutual wills is an agreement between the parties as to how certain property is to be disposed of on death with wills then executed in line with the agreement.