counter wills

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Counter wills, also called mutual or reciprocal wills, are separate wills between two people that have identical or similar provisions leaving each person’s property to the other or to a third person. The agreement in a compact for mutual wills is that each person will dispose of his or her property in a certain way. The provision of each person leaving the other person their property is the consideration for the other. Counter wills are usually made between a married couple, and it is rare for them to execute a single counter will. It is also rare for counter wills to be made between more than two people. 

[Last updated in June of 2021 by the Wex Definitions Team]