MUTUAL WILL OF HUSBAND AND WIFE
I (testator or testatrix) __________________ of (address, etc.) ___________________________ hereby revoke all former testamentary dispositions made by me.
1. I appoint my wife (or husband) ____________________ and (name of trustee) ________ of _____________ (address, etc.) (hereinafter called my trustees which expression shall include the trustees for the time being hereof) to be executors and trustees of this will
2. Whereas my wife (or husband) and I have agreed with one another to execute wills of even date and in similar terms and have further agreed that such respective wills shall not hereafter be revoked or altered either during our joint lives or by the survivor after the death of one of us, now in reliance upon such agreement I hereby give all my real and personal property whatsoever and wheresoever (including any property over which I may have a general power of appointment or disposition by will) to my trustees upon trust to sell call in and convert the same into money with power to postpone cell calling in and conversion thereof for so long as they shall in their absolute discretion think fit without being liable for loss and hold the proceeds of such sale calling in and conversion any my ready money (hereinafter called my residuary estate) upon the following trusts:
i. Upon trust to pay thereout my debts and funeral and testamentary expenses and subject thereto upon trust for my wife (or husband) absolutely;
ii. If my wife (or husband) shall die in my lifetime then upon trust for all my children by my wife (or husband) (who shall attain the age of eighteen years) and if more than one in equal shares;
iii. If any such child has already died or shall die during my lifetime (or after my death before attaining a vested interest)but leaving a child or children alive at (or born after) my death who shall attain the age of eighteen years or marry under that age then such child or children shall take absolutely and if more than none in equal shares the share of my shares in my residuary estate which such deceased child of mine would have taken if he or she had lived to attain a vested interest.
IN WITNESS WHEREOF, etc.
Signed by the above named (Testator) as his/her
last will which bears date the ______ day of ___
in the presence of us present at the same time who
at his request in his presence and in the presence of
each other have hereunto subscribed our names as
witnesses.
WITNESSES:
1.
2.
(Signature of Testator)