Fill and Sign the Agreement to Execute Mutual or Joint and Mutual Will by Husband and Wife with Estate to Survivor Form

Agreement to Execute Mutual or Joint and Mutual Will by Husband and Wife with Estate to Survivor This Agreement is made __________________ (date) , between __________________ (name of husband) and __________________ (name of wife) , both residing at _____________________________________________ (street address, city, county, state, zip code) , hereinafter referred to as the Parties. Whereas, the Parties to this Agreement are husband and wife; and Whereas, the Parties have the following children, the issue of their marriage, all of whom are living: Name of Child Age of Child Residence 1. __________________ _______ ________________________ 2. __________________ _______ ________________________ 3. __________________ _______ ________________________ For and in consideration of the matters described above, and of the mutual benefits and obligations set forth in this Agreement, the Parties agree as follows: I. Execution of Will. Each Party agrees ________________________ (to execute a mutual will or to execute a joint and mutual will) devising and bequeathing all of the Party's Estate to the other Party. II. When Will to be Executed. The Will is to be executed immediately after the execution of this Agreement. III. Restriction on Revocation. Each Party agrees not to revoke the will executed pursuant to this Agreement prior to the death of one of the Parties. IV. Rights and Obligations of Survivor. A. (EITHER:) The Parties agree that on the death of one Party, the survivor has the right to revoke the will and dispose of the property in any manner in which the survivor deems appropriate. (OR:) The Parties agree that on the death of one Party, the survivor will execute a will, which the survivor will not revoke, bequeathing and devising the survivor's entire Estate in equal portions to children listed above, those to be born, and those who may be adopted in the future. B. The Parties agree that the survivor will make provision in the survivor's will that, if any child or children be deceased, the heirs and representatives of such child or children shall take per stirpes and share only in the portion the deceased child would have received had he or she been alive. V. Attached Exhibits. Copies of the _______ (will/wills) of the Parties to this Agreement shall be attached and designated Exhibits __________________ (designation of exhibits) . VI. Custody of Will and Agreement. An executed copy of this Agreement, together with the original (will/wills) executed pursuant to this Agreement, are to be deposited in ________________________ (name of court) , at _____________________________________________ (address of court) . WITNESS our signatures as of the day and date first above stated. ________________________ _________________________ (Signature of Husband) (Signature of Wife) ________________________ ________________________ (P rinted Name of Husband) (P rinted Name of Wife) (Acknowledgments) (Exhibits)