Legal Definitions - joint and mutual will

A joint and mutual will is a legal document that two or more people create to distribute their property after they die. The surviving testator is required to follow the terms of the will. This type of will is also known as a joint and reciprocal will.

For example, a husband and wife may create a joint and mutual will that leaves all their property to each other. When one spouse dies, the surviving spouse inherits everything. When the second spouse dies, the property is distributed according to the terms of the will.

Joint and mutual wills are different from joint wills, which are created by two or more people to dispose of their common property by transferring their separate titles to one devisee.