What are Mirror Wills?

If you and your partner plan to make a Will, you may have come across the term Mirror Wills. This is a common estate planning arrangement in which two individuals, typically spouses or long-term partners, create separate Wills with nearly identical terms. Mirror Wills are often used when both parties share the same wishes about distributing their estates.

Mirror Wills are two separate Wills, one for each partner, containing the same or closely aligned instructions regarding the distribution of their respective estates. As the name suggests, each Will mirrors the other in its provisions.

For example, you may wish to leave Property A to your first child and Property B to your second child, and your partner may do the same. In this case, both Wills would include the same instructions: Property A to your first child and Property B to your second.

When Should You Consider Mirror Wills?

Mirror Wills are most suitable when partners have aligned wishes and similar asset structures. Common situations in which couples choose to prepare Mirror Wills include:

After getting married or entering a de facto relationship;
When purchasing property together;
Upon starting a family or following the birth of a child;
When updating or reviewing existing Wills to ensure consistency.

Preparing Mirror Wills can give both partners peace of mind that their shared intentions will be honoured.

Why Consider Mirror Wills?

There are several reasons why couples may choose to prepare Mirror Wills, including:

To ensure consistency between both partners’ Wills;
To provide for your children from both estates in the same way;
When both partners share the same wishes regarding the distribution of their estates;
When there is a mutual intention to create largely identical Wills.

Executors & Trustees

When preparing Mirror Wills, it is common for each partner to appoint the other as the primary executor and trustee. Additional individuals are usually named as alternate or substitute executors and trustees in the event one partner is unable or unwilling to act. It is important to appoint someone you both trust to carry out these responsibilities.

Can Mirror Wills Be Changed?

Preparing Mirror Wills does not prevent either person from changing their Will. You can still amend or revoke your own Will without the other’s consent. For example, if one partner passes away, the surviving partner may update their Will to reflect their changed circumstances or preferences.

How Are Mirror Wills Different From Mutual Wills?

It’s important not to confuse Mirror Wills with Mutual Wills. Mirror Wills are separate documents that reflect the same wishes, but are not legally binding on the other person. Each partner retains the right to change their Will at any time.

Mutual Wills, on the other hand, involve a binding legal agreement that prevents either party from changing the Will after the death of one of the willmakers. This arrangement is more restrictive and typically used in very specific circumstances where changes are not intended to be made.

A Note on South Australian Law

In South Australia, Wills are governed by the Wills Act 1936 (SA) for Wills made before 1 January 2025, and the Succession Act 2023 (SA) for Wills made after 1 January 2025. While Mirror Wills are not defined by legislation, they must still meet all legal requirements for a valid Will under South Australian law. This includes proper witnessing and signing, as well as consideration of family provision claims and other estate planning obligations.