Q: My parents made a mutual will, which states that upon the death of one of them, the other will inherit his entire estate and after his death, the children will inherit the estate in equal shares. After my father’s death, will my mother be able to make a new will?
By: דיאנה שאלתיאל•Published on: 21 December, 2025
A: Yes! If the mutual will specified the option for the surviving spouse to make a new will, your mother could make a new will, which would cancel the provisions of the mutual will, with respect to you. Alternatively, your mother could waive your father’s estate, in such a way that your father’s estate would be divided between you, his children. You can relinquish your inheritance in favor of your mother, and then she can make a new will and direct the estate as she wishes, or (if you do not sign a disclaimer of inheritance in her favor) make a new will that will only refer to her estate.