Can I Make a Joint Will With My Spouse?

You can, but you probably shouldn't. Joint wills (one document for two people) cause more problems than they solve. Mirror wills are usually better.

This is a common question from couples who want to keep things simple. But the simplest option isn't always the best. Here's what you need to know.

Types of Wills for Couples

Joint Will

A single document signed by both spouses that covers both estates. When one dies, the will governs their estate. When the second dies, the same document governs theirs.

Mirror Wills

Two separate wills with identical or very similar provisions. Typically, each spouse leaves everything to the other, then to the same beneficiaries (usually children).

Mutual Wills

Two separate wills with an agreement that neither spouse will change their will after one dies. Creates a binding obligation.

Problems With Joint Wills

1. You Can't Change It Independently

Once made, a joint will typically requires both signatures to change. If your spouse develops dementia or you separate, you may be stuck with provisions that no longer work.

2. Complications After First Death

When one spouse dies, the joint will goes to probate. But the surviving spouse is still alive and may want to change their provisions. This creates legal complications.

3. Remarriage Issues

If the surviving spouse remarries, that new marriage would normally revoke their will. But with a joint will, the legal position is unclear and potentially contested.

4. Most Solicitors Won't Draft Them

Because of these problems, most estate planning professionals refuse to prepare joint wills. If someone is pushing you toward one, question why.

Why Mirror Wills Are Usually Better

Flexibility

Each spouse can change their own will independently if circumstances change — illness, family changes, or relationship breakdown.

Clarity

Each will stands alone as a complete document. No confusion about whose wishes apply.

Standard Practice

Mirror wills are the norm for couples. Courts, solicitors, and banks all understand how they work.

Same Outcome

You achieve the same result — matching provisions — without the complications of a joint document.

What About Mutual Wills?

Mutual wills are separate documents with an agreement that the survivor won't change their will after the first death. This might sound like a good compromise, but:

Problems With Mutual Wills

• Inflexible: The survivor is legally bound even if circumstances change dramatically
• Second marriage complications: What if the survivor finds a new partner?
• Claims can arise: Children from a first marriage might sue a new spouse
• Complex enforcement: Disputes about what was agreed

When Mutual Wills Might Work

• Second marriages where both want to protect children from first marriages
• When there's concern one spouse might disinherit the other's children
• Both parties fully understand and accept the binding nature

Even then, a trust is often a better solution.

What Most Couples Actually Need

Standard Mirror Wills

For most couples, mirror wills work perfectly:

• Each leaves everything to the other
• If the other has already died, to children equally
• Same executors, same guardians for children
• Simple, clear, flexible

Mirror Wills With Trusts

If you want to protect assets for children (especially with remarriage concerns):

• Life interest trust: Surviving spouse can use assets for life, then they pass to children
• Property protection trust: Your share of the house is protected for children
• Each will contains matching trust provisions

The "Binding" Question

If your main concern is "what if my spouse changes their will after I die," consider:

• A trust in your will that takes effect on your death
• Life insurance in trust for your chosen beneficiaries
• Assets held in ways that don't pass through your spouse's will

Common Scenarios

Scenario 1: First Marriage, Joint Children

Best option: Mirror wills. Simple, effective, no complications.

Scenario 2: Second Marriage, Children From Both Sides

Best option: Mirror wills with life interest trusts. Each spouse's share is protected for their own children while the survivor can use the assets.

Scenario 3: One Spouse Worried About the Other Changing Will

Best option: Discuss openly, then use trusts if needed. A mutual will creates more problems than it solves in most cases.

Scenario 4: No Children, Want to Leave to Charity

Best option: Mirror wills leaving to each other, then to chosen charities. Simple and clear.

The Process for Mirror Wills

1. Discuss together — agree on executors, guardians, beneficiaries
2. Decide on trusts — if needed for protection
3. Draft both wills — usually as a pair with matching provisions
4. Review both — ensure they achieve what you both want
5. Sign separately — each will is witnessed independently
6. Store safely — both wills in the same secure location

Cost Difference

Mirror wills are usually cheaper than you'd expect:

• DIY: Two wills cost the same as one (just your time)
• Online services: Often discounted for couples
• Solicitors: Typically 25-50% less for a pair than two separate wills

The Old Way vs Our Way

The Old Way	Our Way
One document seems simpler	Two documents actually work better
Mutual wills to "lock in" wishes	Trusts provide flexibility with protection
Hope circumstances never change	Plan for flexibility while protecting what matters
Complex arrangements for simple goals	Right solution for your actual needs