Mutual wills1 arise where two persons (usually, but not necessarily2) husband and wife, have made an agreement as to the disposal of their property, and each has, in accordance with the agreement, executed a will, the two wills containing, mutatis mutandis, similar provisions. It is not essential that the mutual wills give any benefit to the survivor3; if they do, they may give the survivor either a life interest4 or an absolute interest5. It has been held that mutual wills were established on a balance of probabilities, although there was no direct evidence of an agreement to make mutual wills or of the execution