If you’re married, whether legally or common law, you’ve likely discussed creating a will with your partner. Which is important, especially because depending on your province, marriage can revoke your will.
There are several decisions you need to make in your will, from appointing an executor, to choosing beneficiaries, to choosing a guardian for your minor children if you have any. But how does it actually work when you create a will with your partner? There are several options for couples creating a will, including mirrored wills and joint wills, and several strategies for couples with blended families, including spousal trusts. In this article we break down each option so you can feel confident you’re creating wills that reflect your wishes.
Joint Will: A single, shared legal document for two people. It dictates how both of their estates will be handled.
Mirror Wills: Two separate, individual legal documents created by a couple that contain nearly identical (or "mirrored") wishes.
Joint Will vs Mirror Will: What’s the Difference?
While both options are designed for couples, joint wills and mirror wills work very differently in practice.
The bottom line on joint vs. mirror wills
Joint wills create a single will between two people, while mirror wills create two wills with shared features. For most couples, mirror wills are the better option.
💍 Learn more about estate planning options for spouses →
🏠 Learn more about estate planning for unmarried couples →
Are Joint Wills Legally Binding in Canada?
Yes, joint wills are legally valid in Canada. But they are rarely recommended in practice.
The key issue is irrevocability.
When a couple creates a joint will, they typically agree that after one spouse dies, the surviving spouse cannot change the terms of the will. This can create serious limitations if circumstances change.
For example:
- New relationships or remarriage
- Changes in financial situation
- Evolving needs of children or beneficiaries
Because of this rigidity, most couples opt for mirror wills instead.
Mirror wills achieve the same outcome as leaving assets to each other without limiting the surviving spouse's flexibility.
Do Married Couples and Spouses Need Separate Wills?
Except in rare instances, when you’re making a will as a couple, you’re each making your own document. You each need your own will that reflects your wishes and that distributes your assets, outside of anything owned jointly with your partner or any life insurance policies or registered savings accounts with named beneficiaries. In your will you can appoint your partner in key roles, and work with your partner to make similar decisions so your wills are aligned. Think about it like your taxes: even when you file your taxes as a married couple, you each have your own tax returns.
📄 Learn how to create a will online →
How Do I Make a Will With My Spouse on Willful?
On Willful, each spouse gets their own account and creates their own documents, though you can decide on key decisions together (for example, a guardian for your children, or who your beneficiaries will be). Our Premium x2 package allow you to purchase two plans at once, and invite your spouse from your account page. That way you each have your own account, and you can make changes at any point - even if your life situation changes.
What If I Want To Make One Will With My Spouse? Can I Do That?
In addition to joint wills, which are a single shared document, there are also mutual wills, which are two separate wills that include a binding agreement that the survivor won’t change their document after the first person passes away. It’s important to note that a mutual will is completely different from setting up a spousal trust—a trust controls how specific assets are managed and helps to appoint a trustee.
Joint wills and mutual wills are not common today, and we do not accommodate them on Willful. Imagine, for example, that you want to remarry after your spouse passes away—with a mutual or joint will, you would not be able to amend your will to include your new spouse. Because of this rigidity, spouses typically create their own individual wills and either mirror each other's choices or use tactics like a trust to ensure their wishes are followed.
What If I Have A Blended Family and I Want To Ensure My Assets Pass To My Children When My Surviving Spouse Passes Away?
It’s quite common these days to have second marriages with children from previous marriages. In this case, spouses typically want to ensure that if they leave everything to their spouse when they pass away, that spouse won’t be able to cut the children out of their will when they pass. Unless you have specifically planned for it, a surviving spouse can update their will at any time, and remove any beneficiaries. For that reason, couples with blended families may want to consider the following options:
- Creating a spousal trust - this allows you to pass to your spouse for their enjoyment while they’re alive, and upon their death the assets pass to your children
- Will alternatives - Another way to ensure assets go to your children is to name them as beneficiaries on life insurance policies and registered savings accounts - in that case, there will be some assets that won’t pass through the will, and will go directly to your children
At this time, Willful does not allow for the creation of joint, mutual wills, or spousal trusts.
You can easily create a will with your spouse by choosing Willful’s Premium x2 option. By selecting two Premium plans, you and your spouse will each create a will and a power of attorney, all for $349. Click here to create your will and power of attorney today.
