Matching (Mirror) Wills for Couples in Ontario

Most couples sit down to make wills with the same idea: “If something happens to me, everything goes to you. If something happens to both of us, it goes to the kids.” Matching wills, often called mirror wills, are how that idea is written down.

This article explains what mirror wills are, how they usually work, what they cannot do, and when a different approach is a better fit. It is general information for Ontario couples, not advice on your own situation.

What Are Mirror (Matching) Wills?

Mirror wills are two wills, one for each partner, that are drafted to match. Each says, in effect, “I leave my estate to my spouse or partner; if they have died before me, to the people named below.” The names, the percentages and the back-ups on both documents are the same, with only the names of the two partners swapped.

They are two separate wills. Each belongs to one person, is signed and witnessed on its own, and is read on its own when that person dies. They are not a single “joint will” shared between two people.

Mirror wills are not the same as mutual wills

The two terms are often mixed up. A mirror will is simply a matching will. A mutual will is one backed by a separate, provable agreement that neither spouse will change their will after the other dies. That agreement is uncommon and hard to prove, and most couples who say they have “mutual wills” actually have mirror wills. Our article on mutual wills and blended families explains the difference and its limits.

How Matching Wills Usually Work

The pattern is familiar, and the same pieces appear in most couples’ wills:

1. Everything to the surviving partner first. Each will leaves the estate to the other partner if they are alive when the first of you dies.
2. The same back-ups after that. If your partner has died before you, or does not survive you, the estate goes to the people you have named, often your children, in the same shares in both wills.
3. The same executors, or each other first. Many couples name each other as executor (estate trustee) with the same alternate in both wills. See naming an alternate executor.
4. A plan for young children. If you have children under 18, both wills usually name the same guardian and, if needed, a trust to hold their inheritance until they are older. See naming a guardian for minor children and trusts for minor children.
5. What happens if you both die close together. A good set of wills says what happens if you do not both die at the same moment but within a short time of one another. The Q&A on survivorship clauses explains why that matters.

Two ideas hold the whole thing together: the “residue” (everything not given away by name) and the back-up beneficiaries. If either is missing or does not add up, a gift can fail and part of an estate can pass under the intestacy rules instead. Read the residue clause explained and what happens if a beneficiary dies before you before you finalize either will.

Why couples choose them

Matching wills keep things simple. The survivor can carry on without a court-supervised sharing of the estate, the children are treated the same way whichever of you dies first, and the plan is easy to explain to your family. For common-law partners they matter even more, because Ontario’s intestacy rules do not treat a common-law partner as a spouse. Without a will, a partner may receive nothing. See dying without a will in Ontario.

Each Partner Keeps Their Own Will

Because there are two separate documents, each of you remains free to change your own. You can update your will at any time while you have capacity, usually by making a new will or a codicil. Your partner does not need to agree, and in most cases will not even know.

That freedom cuts both ways:

• After the first partner dies, the survivor can change their will. Nothing in an ordinary mirror will stops them from leaving everything to someone else.
• If one of you changes your will during your lifetime, the two documents stop matching. Couples who want to stay aligned should agree to look at both wills together after any big change, such as a new child, a death in the family, a move, a separation or a major change in assets.
• If you separate or divorce, each of you should look at your will again, because the rules about gifts to a former spouse and the effect of marriage and divorce on wills are specific. See what marriage and divorce do to a will.

Two further limits are worth knowing about. First, a will does not control property that passes outside the estate, such as a home owned jointly with right of survivorship, or a registered plan or insurance policy with a named beneficiary. See can a will override joint ownership?. Second, a married spouse has rights under the Family Law Act that a will cannot remove on its own, including the choice between what the will gives and an equalization payment.

When Matching Wills Are Not a Good Fit

Matching wills work best when you and your partner want the same result. They are a poorer fit when your situations are different. Consider speaking with a lawyer before using any template if any of these apply:

• A blended family or a second marriage. If either of you has children from an earlier relationship, “everything to the survivor” can mean those children inherit nothing if the survivor later leaves the estate elsewhere. Options such as a trust that gives the survivor a life interest, with the rest passing to your own children, may fit better. See blended family estate planning, spousal trusts and second marriage property division.
• A beneficiary with a disability who receives, or may receive, ODSP. An outright gift can affect benefits. A Henson trust is the usual tool, and it needs careful drafting.
• A business, farm or professional practice. Different executors, different wills for different assets and tax planning may all come into play. See a different executor for business assets.
• Property outside Ontario. A will on Ontario’s templates may not be the right tool for foreign property. See a separate will for foreign assets.
• Very different wishes or assets. If one of you wants to give a large share to someone the other would not choose, or your assets are very unequal, there is little to “mirror.” Each of you may be better served by a will built around your own wishes.
• You want the survivor to be held to the plan. An ordinary mirror will cannot do that. If it matters to you, talk to a lawyer about your options and their limits.

None of these means you cannot make a will. It means a template may not capture what you actually want, and the cost of getting it wrong falls on your family later.

Do Not Forget the Powers of Attorney

A will only matters after you die. Ontario also has two documents that matter while you are alive and cannot manage for yourself, and each partner needs their own:

• A Continuing Power of Attorney for Property names someone to manage your money and property if you cannot. See the overview.
• A Power of Attorney for Personal Care names someone to make health and care decisions if you cannot. See the overview.

Couples usually name each other first and then an alternate, such as an adult child, in case the spouse is also unable to act. Like the wills, these are separate documents for each partner, and they have their own signing rules. Our guide to signing your will and powers of attorney walks through them.

Where to Start

The firm’s Online Will plan includes a Will, a Power of Attorney for Property and a Power of Attorney for Personal Care, completed online on the firm’s own Ontario templates. It also supports matching wills for couples. The plain-language questions link to short explanations, and built-in checks are designed to catch common mistakes, such as shares that do not add up to 100%, missing back-up beneficiaries, no guardian named for children under 18, and witnessing problems.

If your situation looks like one of the exceptions above, or you are unsure, start a file and let us look at what a lawyer-prepared will would involve. For a comparison of the two routes, read DIY will kits vs a lawyer-built online will.

Frequently asked questions