DIY Legal Forms

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Agreement To Make Mutual Wills

THIS AGREEMENT, made this [date] between [name] (Husband) and [name] (Wife), both residing at [address].

PREAMBLE

WHEREAS, the parties are Husband and Wife, and each owns real and personal property; and

WHEREAS, the parties want to make a testamentary disposition of their estates pursuant to a mutual understanding.

Now, IN CONSIDERATION OF THE PROMISES AND UNDERTAKINGS HEREINAFTER SET FORTH, IT IS AGREED:

1. Husband's Obligations. Husband will make and execute a Will devising and bequeathing all of his property to Wife, absolutely and forever.

2. Wife's Obligations. Wife will make and execute a Will devising and bequeathing all of her property to Husband, absolutely and forever.

3. Subsequent Agreement. Neither party will revoke, amend, or change his or her Last Will and Testament except pursuant to a subsequent agreement in writing properly executed by both parties.

4. Appointment of Executor. Each party will appoint the other as Executor or as Executrix of his or her Will.

IN WITNESS WHEREOF, the parties have signed this Agreement the day and year first above written.

[signature]

Husband

[signature]

Wife

This Section for Notary:

Acknowledgment

STATE OF -------)

) ss: [date]

COUNTY OF ------)

On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Witness my hand and official seal.

[signature]

[Name of Notary Public]

My commission expires: [date]

(Seal)