Free Printable Joint And Mutual Will Form (GENERIC)

This review list is being supplied to you in order to inform you about this document and to aid you in preparing for it. This is a standard expression of joint and mutual will. Please feel free to add to it or alter it.

Make numerous copies of the document. Make a copy and keep it in your safe. Give one to each of your spouses or to the person who is the closest to you. Keep one in a safe place in your house. If you have an attorney, you should give one to him or her.

Joint And Mutual Will

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Joint and Mutual Will
____________________ and ______________________ do hereby publish our last will and testament:
ARTICLE I
We declare that we are husband and wife.
ARTICLE II
We revoke all former wills and codicils made by either or both of us.
ARTICLE III
We give to one another all the rest, residue and remainder of our property of any kind whatever, including property held now and property that we may be entitled to in the future.
ARTICLE IV
In the event that we die in a common disaster, or within 15 days of one another, we give the rest, residue and remainder of your property of any kind whatever, including property now held and property that we may be entitled in the future:
________________________________________________________________
ARTICLE V
We appoint the survivor of us to act our personal representative, and direct that they shall serve without bond. In the event that we die in a common disaster or within 15 days of one another, we appoint _____________ to act as our personal representative, who shall also serve without bond.
ARTICLE VI
We declare that this mutual will is not made pursuant to any special agreement that such provisions have been made in consideration of the other one of us similarly providing, and each of us reserve to ourselves, severally, the right to revoke this will in any event without notice.
Revocation by one party shall render this will null and void.
ARTICLE VII
The failure to list anyone as a beneficiary herein is intentional.
Dated: ____________________________
_____________________________________
First Party
_____________________________________
Second Party
ATTESTATION CLAUSE
On the date above written, _______________________ and ____________________, well known to us declared to us, and in our presence, that this instrument,
consisting of _____ pages, is their last will and testament, and _____________________ and _____________________, then signed this instrument in our presence, and at ______________________ and _____________________’s request we now sign this will as witnesses in each other’s presence. Further that ______________________ and ____________________, appeared to us to be of sound mind and lawful age, and under no undue influence.
Witness:
_______________________________________________________________
Address: ______________________________________________________
Witness:
_______________________________________________________________
Address: ______________________________________________________
Witness:
_______________________________________________________________
Address: ______________________________________________________
STATE OF _______________
COUNTY OF ______________
Before me, the undersigned authority authorized to take acknowledgments and administer oaths, personally appeared:
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
who after being having duly sworn or affirmed to tell the truth, stated:
1. That _____________________ and __________________ declared this instrument to be their last will and testament to the witnesses.
2. That _____________________ and __________________ signed this instrument in their presence.
3. That the witnesses signed as witnesses in the presence of ____________________, _________________ and each other.
4. That ____________________ and ____________________ are well known to the witnesses, and the witnesses believe ____________________ and __________________ to be of lawful age, of sound mind and under no undue influence or constraint.
______________________________________________________________
Notary
My Commission Expires: _________________________
Joint and Mutual Will
Review List
This review list is provided to inform you about this document and assist you in its preparation. This is a standard joint and mutual will. Feel free to add and modify it.
1. Make multiple copies. Put one in your home safe. Give one to each spouse or the person closest to you. Keep one in your home safe. Give one to your attorney, if you have one.

Frequently Asked Questions

What is a joint and mutual will?

A joint and mutual will is a single will executed by two people, typically a married couple, that contains reciprocal provisions. In the provided document, the testators declare they are husband and wife and give all remaining property to one another. It also includes provisions for a common disaster or deaths within 15 days of one another.

How does a joint and mutual will handle the death of both spouses in a common disaster?

The will states that if the spouses die in a common disaster or within 15 days of one another, the rest, residue, and remainder of their property goes to a designated beneficiary or beneficiaries. The document includes a blank to specify those recipients. It also appoints an alternate personal representative to serve without bond in that scenario.

Who serves as personal representative under a joint and mutual will?

The will appoints the survivor of the two testators to act as personal representative and directs that they serve without bond. If both die in a common disaster or within 15 days of one another, an alternate personal representative is appointed, who also serves without bond. The alternate's name is left blank in the document.

Does a joint and mutual will revoke prior wills?

Yes, Article II of the will states that the testators revoke all former wills and codicils made by either or both of them. This means any earlier wills are cancelled. The revocation is mutual and applies to both individuals.

What property is covered by a joint and mutual will?

The will covers all the rest, residue, and remainder of the testators' property of any kind whatever. This includes property held now and property they may be entitled to in the future. The provisions apply to both current and after-acquired property.

Is a joint and mutual will based on a special agreement?

Article VI of the document declares that the mutual will is not made pursuant to any special agreement that provisions have been made in consideration. This suggests the will is not intended to be a contractual agreement. However, the article is incomplete in the provided text.

Can a joint and mutual will be changed after one spouse dies?

The provided article does not address whether the will can be changed after one spouse dies. It only states that the testators revoke all former wills and codicils. No information about future amendments or revocability is included.

What happens if the spouses die within 15 days of each other?

The will treats deaths within 15 days of one another the same as a common disaster. In that case, the property goes to the designated beneficiaries named in Article IV. An alternate personal representative is also appointed to serve without bond.

Who can be named as a beneficiary in a joint and mutual will?

The will includes a blank in Article IV for the testators to name beneficiaries who will receive the property if both die in a common disaster or within 15 days of one another. The document does not restrict who can be named. The specific beneficiaries are left to the testators to fill in.

What are the requirements for a valid joint and mutual will?

The provided article does not specify the legal requirements for a valid joint and mutual will. It only presents the text of the will itself. Requirements such as signatures, witnesses, and notarization are not mentioned in the article.