Understanding Mirror Wills and Joint Wills - What’s the Difference?

When it comes to estate planning, it’s essential to choose the right type of will to ensure that your wishes are respected after you pass away. Mirror wills and joint wills are popular options for couples, especially those looking for a simple way to manage their estate together.

While both types of wills serve to outline how assets should be distributed, they have significant differences in terms of flexibility, control, and long-term planning.

In this blog, we’ll dive into what mirror wills and joint wills are, their advantages and disadvantages, and help you determine which option might be best for your needs.

What Are Mirror Wills?

Mirror wills are separate wills created by two individuals, usually a married couple or partners, that contain nearly identical terms. Essentially, each person leaves their estate to the other in the event of their death, and if both die simultaneously, the estate is then passed on to the same beneficiaries.

For example, a husband might leave everything to his wife, and if she predeceases him, then to their children. The wife’s will would be a mirror image, leaving her assets to her husband, and then to the children if he has already passed away.

Key Features of Mirror Wills

• Separate Documents: Mirror wills are two individual documents, meaning each person has their own will, even though the contents are nearly identical.

• Flexibility: Since mirror wills are separate, each person can change their will without the other’s consent. This allows for changes to be made if circumstances change, such as the death of a beneficiary or a change in assets.

• Common Beneficiaries: Typically, the beneficiaries listed are the same in each will, which is often the surviving partner and then any children or other family members.

Advantages of Mirror Wills

Simple and Cost-Effective:

Mirror wills are relatively easy and inexpensive to set up. They provide a straightforward way for couples to ensure that their estate is managed as they wish, without the need for complex arrangements.

Flexibility for Changing Circumstances:

One of the major benefits of mirror wills is the flexibility they offer. Either person can update their will independently if their wishes change, such as following a divorce or the birth of a new child.

Personal Control:

Since each person has a separate will, they maintain individual control over their estate. If one partner wishes to change the distribution of their assets, they have the freedom to do so.

Disadvantages of Mirror Wills

Potential for Changes After One Partner Dies:

A significant drawback is that the surviving partner can change their will after the other partner has died. This means that the original agreement could be altered, potentially leaving out beneficiaries that the deceased had intended to include, such as stepchildren or specific family members.

Less Binding:

Mirror wills rely on a mutual understanding between partners, but they are not legally binding. This can be problematic if the surviving partner decides to change their will later, potentially leading to disputes among family members.

What Are Joint Wills?

Joint wills are a single legal document signed by both parties, usually a married couple or partners, that outlines how their assets will be distributed. The terms of a joint will are fixed and cannot be changed after one of the partners dies.

Essentially, a joint will creates a binding agreement that the surviving partner must adhere to, even if their wishes change later in life. For example, a joint will might state that all assets are to go to the surviving partner upon the first death, and upon their death, the assets are then distributed to their children or other beneficiaries.

Key Features of Joint Wills

• Single Document: A joint will is one document that both parties sign, which means they agree to the same terms for how their estate will be handled.

• Irrevocable After Death: Once one partner dies, the surviving partner cannot change the terms of the will. This means that the initial agreement regarding asset distribution must be followed.



• Binding Agreement: The terms of a joint will are intended to be final, which can help ensure that assets are distributed according to the couple’s original wishes.

Advantages of Joint Wills

Protection for Agreed Beneficiaries:

Joint wills are often used by couples who want to ensure that certain beneficiaries, such as children or stepchildren, receive an inheritance. Since the surviving partner cannot alter the terms of the will after the first death, it prevents them from disinheriting those beneficiaries.

Simplicity in Decision-Making:

By creating a joint will, couples can make their estate planning decisions together, ensuring they are on the same page regarding their wishes. This can be helpful in providing peace of mind that both partners are aligned in their intentions.

Consistency in Asset Distribution:

Joint wills provide consistency in how assets are distributed, ensuring that the terms agreed upon are adhered to without any changes after the first partner's death.

Disadvantages of Joint Wills

Lack of Flexibility:

One of the biggest drawbacks of a joint will is its inflexibility. Once one partner dies, the surviving partner is bound by the terms of the joint will and cannot change the beneficiaries or distribution plan. This can be problematic if circumstances change, such as if a child falls out of favour or if the surviving partner remarries.

Complexity in Drafting:

While a joint will might seem like a simpler option, it often requires careful drafting to ensure that all possible scenarios are covered. Without proper legal advice, a joint will could result in unintended complications for the surviving partner.

Potential for Legal Disputes:

Because a joint will locks the surviving partner into the original terms, it can sometimes lead to legal disputes if they attempt to alter the distribution of assets. Disputes can also arise if the surviving partner’s new spouse or family members challenge the terms of the will.

Mirror Wills vs. Joint Wills: Which Is Right for You?

Choosing between a mirror will and a joint will depends on your circumstances and priorities. Here are some factors to consider:

1. Desire for Flexibility vs. Certainty

If you value flexibility and want the ability to update your will in the future, then mirror wills may be more suitable. They allow each partner to make changes independently, adapting to changing circumstances.

If ensuring that your assets are distributed exactly as agreed is more important, then a joint will can provide the certainty that your original wishes will be carried out, even after the first partner’s death.

2. Complex Family Dynamics

For blended families with children from previous relationships, a joint will can be a way to ensure that all children receive a share of the inheritance. However, it may also limit the surviving partner’s ability to adapt to new family dynamics.

Mirror wills might be better if there is a need for more nuanced arrangements, such as leaving different assets to different children or providing for a new spouse.

3. Ease of Administration

Mirror wills are generally easier to administer since they allow each partner to have their own will and make changes as needed. They also tend to be simpler to draft with the help of a solicitor.

Joint wills require a more in-depth agreement upfront and should be carefully considered with legal guidance to avoid potential issues down the line.

Conclusion: Consult a Professional for Tailored Advice

While mirror wills and joint wills each have their own benefits and drawbacks, the right choice depends on your specific needs and family situation. Mirror wills are suitable for those who value flexibility and individual control, while joint wills are better for couples who want to lock in a binding agreement for their estate.

Before making a decision, it’s advisable to consult with an estate planning solicitor who can provide guidance on the best approach for you and ensure that your will is legally sound and tailored to your wishes.

By choosing the right type of will, you can protect your loved ones, ensure your wishes are respected, and provide peace of mind for the future.