Mutual will (wechselbezügliches Testament)

Mutual Wills are permissable under German law. A mutual Will is generally a joint Will; however, not all testamentary dispositions in a joint Will must be mutually connected: Unless otherwise provided, a testamentary disposition in a joint will is mutually connected to another testamentary disposition (Wechselbezügliche Verfügung) if it would not have been made without that disposition. See § 2270(1) BGB. Pursuant to § 2270(2) BGB, unless otherwise provided, it is presumed that a testamentary disposition is mutually connected to another testamentary disposition if the estate shall pass to the surviving spouse and after the death of the surviving spouse to a relative or otherwise related person (e.g. friend) of the first deceased spouse.