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This means that the survivor will be required to give effect to the deceased's wishes and the agreement that was put in the Mutual Wills.The idea of a Mutual Will may seem ideal to many couples who want to protect their chosen beneficiaries.However, this may not be suitable for couples who are in a second relationship, particularly if they have children from a previous relationship.If a couple make Wills leaving their assets to each other on the first death, then the survivor will own all of the combined assets.

It may be that you wish to try and incorporate Asset Protection into your Wills, create a Trust, or even consider some Inheritance Tax planning.The problem with this is the survivor is free to change their Will at any time and the first parties chosen beneficiaries could be cut out completely.The survivor could remarry which would mean their Will would automatically be revoked and, again, the chosen beneficiaries of the first to die will lose out.The advantage of this is that if the survivor ever needs full-time care, only their own share of the family home can be assessed towards care fees.The share of the property of the first to die cannot be assessed towards care fees as the survivor does not own it, they only have the right to use it.

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