the surviving testator accepts a benefit in terms of a mutual will, irrespective of the intention of the parties to the mutual will.

testators join their estates or portions of their estates, with the purpose of disposing of the joint unit in a will and the surviving testator then accepts a benefit in terms of the will.

a testator in a mutual will disposes of his/her own estate as well as of the estate of the other testator.

testators married in community of property mutually benefit each other in a mutual will.