Will but it was held that the Will in question was only a joint Will and not a mutual Will. If the statement ... decisions regarding joint and mutual Wills. The learned Judges have taken the view that in order to make the joint mutual Will irrevocable
lapse. Where a joint will is followed by a separate will which is conditional on a condition that fails, the joint will is not revoked ... joint will, and held thus:
...A joint will, though unusual, is not unknown to law. The will could not be construed as a mutual will
supersede the Will dated 24.10.1982
?
2. Whether the Will dated 24.101982 is a joint and mutual Will
irrevocable or is a joint Will revocable ... name. Therefore in such circumstances, the above
Will is a joint and mutual Will, which is irrevocable since the survivor is
one of the beneficiary
Whether the Will dated 16.05.1985 is a mutual
Will which is revocable or it is a joint Will irrevocable?
2. Whether revocation of the Will ... mode or
manner. Mutual wills as distinguished from joint wills are
sometimes described as reciprocal wills. In describing a
will, the adjective mutual or reciprocal
difference between 'joint Wills' and 'mutual Wills' as under:
"Joint Wills.-- Persons may make joint Wills, which are, however, revocable ... following observations on the joint Will and mutual Will:
"Joint Will.-- A joint Will is a Will made by two or more testators contained
learned author described the mutual Will and the joint Will as under:
"(300.018) Mutual Will: A Will is mutual when two testators confer
upon ... difference between ' joint
Wills' and 'mutual Wills' as under:
"Joint Wills:- Persons may make joint Wills, which are, however,
revocable
legacy bequeathed to him by the will.
3. Now if the testatrix's will is irrevocable, and that is the view taken ... joint will may be made to take effect after the death of both testators; and if the joint will is not a disposition by each
joint Will is a single testamentary instrument constituting or containing the Wills of two or more persons and jointly executed by them; while mutual Wills ... mode or manner. Mutual Wills as distinct from Joint Wills are sometimes described as reciprocal Wills. In describing a Will the adjective "Mutal
upon the joint owner/survivor and
hence the Joint Owner/survivor would have no power to revoke.
3, If a Joint WILL is executed ... express, it can be implied.
6. Such a joint or mutual Will become irrevocable on the
death of one of the testators, if the survivor
effect that Ex.B.1 is nothing but a joint will executed by the deceased Annammal and her husband Gopalarathinam in respect of their properties ... observed as follows:-
A joint mutual will becomes irrevocable on the death of one of the testators if the survivor had received benefits under