Joint wills remain revocable by either party while mutual wills create binding agreements enforceable in equity
A will is the legal declaration of a testator's intention regarding property distribution after death, taking effect only upon the testator's death. Joint wills are made by multiple persons and remain revocable by either party or the survivor, with each treated as individual testators. The survivor becomes a trustee of joint property only if there's a contract not to revoke. Mutual wills are separate documents created through agreement to establish irrevocable interests for beneficiaries. While probate courts recognize their revocable nature, equity courts may enforce the agreement despite revocation by one party after the other's death, binding the survivor to the original terms.
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