Legal Definitions - Mirror Wills

Mirror Wills are a pair of wills created by two different individuals, where the contents of each will are almost identical to the other. These wills are designed to reflect each other's provisions, often to ensure a consistent plan for their assets and beneficiaries. While most commonly used by married couples, mirror wills can be executed by any two people who wish to establish similar estate plans, such as unmarried partners, siblings, or close friends.

A key characteristic of mirror wills is that they are not legally binding on each other. This means that either individual can independently change or revoke their will at any time, without needing the consent or even the knowledge of the other person. This flexibility distinguishes them from "mutual wills," which typically involve a binding agreement not to change the wills.

Here are a few examples to illustrate how mirror wills work:

• Example 1: A Married Couple's Shared Legacy
  Sarah and Tom, a married couple, decide to create mirror wills. Each of their wills states that if one spouse passes away, all their assets (including their shared home and investments) will go to the surviving spouse. Furthermore, both wills specify that if both Sarah and Tom pass away simultaneously or within a short period of each other, their entire estate should be divided equally between their two adult children, Emily and Mark.

  How this illustrates Mirror Wills: Sarah's will mirrors Tom's will in its primary provisions: first to the surviving spouse, then to their children in equal shares. However, if Sarah later decides she wants to leave a specific heirloom to a grandchild, she can amend her will to include this provision without Tom's agreement or even informing him, demonstrating the independent nature of mirror wills.

• Example 2: Unmarried Partners and a Joint Venture
  Liam and Chloe are unmarried business partners who co-own a successful graphic design studio and share a home. They want to ensure that if one of them dies, the other has the first option to buy out their share of the business at a pre-agreed valuation, and that their shared home passes entirely to the survivor. They also agree that if both pass away, their remaining personal assets should go to a specific animal welfare charity they both support.

  How this illustrates Mirror Wills: Liam's will contains clauses detailing the business buyout option for Chloe, the transfer of the shared home to Chloe, and the charitable donation if both are deceased. Chloe's will contains identical provisions, simply naming Liam as the surviving partner. This setup ensures their shared intentions for the business and home are reflected in both documents. Should Liam later decide to leave a personal collection of art to his sister instead of the charity, he can alter his will without Chloe's involvement.

• Example 3: Siblings Protecting a Family Property
  Sisters Maria and Elena jointly inherited a beloved family cottage. They want to ensure that if one of them dies, the other sister inherits the deceased's share of the cottage, thereby keeping the property entirely within the family. They also agree that if both pass away, the cottage should be left to their niece, Sofia, who has always loved spending summers there.

  How this illustrates Mirror Wills: Maria's will states that her share of the cottage goes to Elena if Elena survives her, and if not, to Sofia. Elena's will contains the exact same provisions, naming Maria as the primary beneficiary of her share and Sofia as the contingent beneficiary. The wills mirror each other regarding the cottage's inheritance. However, if Elena later has a falling out with Sofia, she can change her will to leave her share of the cottage to a different relative or charity, without affecting Maria's will or needing Maria's permission.