Section 30 — Wills Act 2007: Mutual wills
Text of the provision Official document
30 Mutual wills (1) This section applies when— (a) 2 persons make wills in which each— (i) disposes of property on which the 2 persons have agreed; and (ii) makes the disposition in a way on which the 2 persons have agreed; and (b) each promises the other that he or she will not— (i) revoke the will without making another will that keeps the agreement in the same or a better way; or (ii) change the will in a way that fails to keep the agreement in the same or a better way; or (iii) dispose, during his or her life, of some or all of an item of property that the will specifically disposes of; and (c) the first of them to die ( person A ) keeps the promise; and (d) the second of them to die ( person B ) does not keep the promise. (2) A person who would have received a benefit from person B's will if person B had kept the promise may claim from person B's estate any part of the benefit that person B's estate does not provide. (3) The agreements referred to in subsection (1)(a), and the promise referred to in subsection (1)(b), may be made orally, in writing, or electronically.
Official source: legislation.govt.nz
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