What is the difference between a joint will and a mirror will in Australia?
In Australia a Will is an individual document, so couples do not sign one shared Will. Most couples make mirror Wills, which contain substantially the same provisions in each person’s separate Will. Some enter a mutual wills agreement, a contract that binds the survivor to keep their Will as agreed. Solicitors usually discourage mutual wills, because they can stop the survivor from adapting to changed circumstances. Mirror Wills are the preferred, flexible approach, and you can prepare mirror Wills online together.
For related guidance, see how do online will platforms in Australia compare, and what should you look for before choosing one?.
Read the video transcript
In Australia, a Will is an individual document. Couples do not sign the same document to be the Will for both of them. Often couples will prepare a mirror Will, which has substantially similar provisions in both wills. On occasion, some couples will enter into a mutual wills agreement, which is a contract to enter into the final will. That means when one of the couple passes away, the survivor is then contractually obliged to maintain their Will or otherwise comply with the provision of the mutual wills contract. Generally, solicitors discourage mutual wills as they can restrict the ability of the survivor to freely deal with the assets or make appropriate changes to the Will depending on changes of circumstances. Mirror Wills are often the preferred flexible approach.
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