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Another issue as regards mutual wills is the question of revocability.
Mutual wills have four basic requirements and a strict standard for enforceability:
Mutual wills are irrevocable wills made by multiple people to come into force at the writer's death; similarly, these are also considered constructive trusts.
Neither should be confused with mirror wills which means two separate, identical wills, which may or may not also be mutual wills.
Astbury J in Oldham distinguished mutual wills from mirror wills - that they are made in identical terms "does not go nearly far enough".
Other types of constructive trust not relating to unconscionable dealings are constructive trusts over property, mutual wills, and arguably secret trusts.
Nebraska case law has stated that postnuptial contracts are proper contracts to make reciprocal or mutual wills, and such contracts are valid in Nebraska.
Constructive trusts also arise with mutual wills; wills created by two or more people at the same time, with the intention that the wills are completely binding.
Joint wills and mutual wills are closely related terms used in the law of wills to describe two types of testamentary writing that may be executed by a married couple to ensure that their property is disposed of identically.
Mutual wills are any two (or more) wills which are mutually binding, such that following the first death the survivor is constrained in his or her ability to dispose of his or her property by the agreement he or she made with the deceased.
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