One Will executed by two Testators

Trusts Discussion
1

One DIY Will has been signed by both the Testator (Mr) and the Testatrix (Mrs). The Will otherwise appears to meet the requirements of the Wills Act 1837.

The residue is not left to one another and instead is left directly to the children. How do I determine whether this qualifies as a mutual Will forming a binding contract or just a ‘joint’ Will? The children want to eventually execute a variation to claim TNRB. Has anyone encountered a situation like this and if so, did the PR delay the application due to its unorthodox nature?

2

This might be unduly cutting the Gordian Knot, but I don’t immediately see how a mutual will could prevent you from doing a DOV. After all it is, to borrow Andrew Goodman’s phrase, just an ordinary lifetime gift with some special tax sauce on it.