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Mirror Will or Reciprocal Will: Definition, How to Write and Cost

Written by

Annie L.

Reviewed & Facts Checked by: Patience P.
Mirror will or reciprocal will writing and cost overview.

 

Mirror wills, often used by married couples or partners, ensure that both individuals have nearly identical provisions in their wills. The purpose of these wills is to simplify the distribution of assets in case one partner passes away. Although they are similar, there may be slight differences based on personal preferences. These wills are popular among people who want to ensure their spouse or partner receives the estate. Understanding how to create a mirror will, what it entails, and the associated costs is important when planning your estate.

What is a Mirror Will?

A mirror will is a type of will created by two people, typically spouses or partners, where the provisions are almost identical. In a mirror will, each person names the other as the primary beneficiary, meaning that when one person dies, the other inherits the entire estate. These wills are designed to reflect each other, with the same terms, such as leaving assets to the same beneficiaries after the surviving partner passes away.

A reciprocal will is essentially the same as a mirror will. It operates under the same principle, ensuring that the estate of one partner is passed on to the other and then to shared beneficiaries, such as children or family members. This makes reciprocal or mirror wills a common choice for couples who want to ensure their estates are managed consistently after death.

How Do Mirror Wills Work?

Mirror wills work by having two individuals, usually a couple, create nearly identical wills where they leave all their assets to each other upon the first person’s death. For example, if one partner dies, the surviving partner will inherit everything. Once the second partner passes away, the estate is distributed to the beneficiaries they both agreed on, such as their children or other family members.

These wills are coordinated to mirror each other, ensuring that the wishes of both individuals align. However, it’s important to note that while these wills reflect each other, either party can change their will independently without informing the other, which could alter the intended distribution of assets.

How Do You Write a Mirror Will?

Writing a mirror will requires attention to detail to ensure both individuals’ wishes align. Below are the steps involved in writing a mirror will:

  1. Consult an Estate Attorney or Use a Will Writing Service: Start by consulting an estate attorney or using a reliable will writing service to ensure that the mirror will complies with state laws. This provides legal guidance and ensures that the documents are enforceable.
  2. Identify Your Partner: Both individuals must be clearly identified in the will. The mirror will is created with the understanding that both partners have matching intentions regarding the distribution of their estates.
  3. Choose Primary and Secondary Beneficiaries: In a mirror will, the surviving partner is typically the primary beneficiary. After the death of both individuals, the estate is distributed to secondary beneficiaries, such as children or other designated parties. These beneficiaries must be named in both wills.
  4. Decide on Specific Gifts or Bequests: In cases where either partner wishes to leave specific gifts to other individuals, such as friends or charities, these should be outlined in both wills, ensuring they mirror each other. This includes items like property, money, or sentimental assets.
  5. Include Clauses for Changes or Remarriage: It’s important to include clauses for what happens if the surviving partner remarries or wishes to change the will after the death of one partner. While mirror wills reflect the wishes of both individuals, either person can change their will after the other’s death unless restrictions are set.
  6. Sign and Witness the Wills: After drafting, witnesses must sign both wills. Most states require two witnesses during the will’s signing to ensure validity.

How Much Does It Cost to Do a Mirror Will?

The cost of creating a mirror will varies depending on several factors. On average, hiring an attorney to draft a mirror will can cost around $1,000. However, using an online service like LegalPen can cost as low as $250, providing a more affordable option for many couples. The cost of a mirror will depends on the following factors:

  1. Complexity of the Estate: Estates with multiple assets, properties, or investments may require more detailed wills, which may increase the cost.
  2. Legal Assistance: Hiring an attorney for personalized advice and drafting typically costs more than using an online service.
  3. Geographical Location: Prices can vary by state or region, with higher costs in certain areas due to local rates for legal services.
  4. Specific Bequests or Conditions: Including specific bequests, conditions, or restrictions within the will can add complexity and affect the overall cost.
  5. Need for Updates or Amendments: When ongoing legal support is required to update or amend the will, the total expense could increase.

Who Should Make a Mirror Will?

Couples, especially married couples or long-term partners, should make a mirror will. A mirror will is ideal for couples who share similar wishes about how their estate should be distributed after their death. It works well for those who want to ensure that their partner is the primary beneficiary and that their assets are passed on to agreed-upon beneficiaries, such as children, after the surviving partner’s death. Mirror wills are particularly useful for couples with straightforward estates and shared beneficiaries, as they offer a simple and coordinated approach to estate planning.

Can a Surviving Spouse Change a Mirror Will?

Yes. A surviving spouse can change a mirror will. Once one partner passes away, the surviving spouse is not legally bound to keep the terms of the mirror will unless specific legal restrictions are put in place. This means they have the right to make changes, including altering beneficiaries or redistributing assets as they see fit. Mirror wills reflect mutual intentions but are not irrevocable, allowing the surviving spouse to update their will after the first partner’s death if circumstances change.

Who is the Executor in a Mirror Will?

The executor in a mirror will is the individual appointed by the will’s creators to manage the estate after death. Typically, in a mirror will, the surviving spouse or partner is named as the executor, responsible for ensuring that the deceased partner’s wishes are carried out. After the death of both partners, a secondary executor, often a trusted family member or friend, is usually designated to handle the estate’s final distribution according to the terms set in the mirror will.

How Do You Name an Executor in a Mirror Will?

Selecting an executor is essential for ensuring your estate is handled according to your wishes. Properly naming an executor in a mirror will involves several key steps:

  1. Identify the Primary Executor: The surviving spouse or partner is typically named the primary executor. Clearly state their full legal name in the will. 
  2. Appoint a Secondary Executor: Choose a secondary executor to take over responsibilities if both partners pass away. This is often a trusted family member, close friend, or legal professional.
  3. Define the Executor’s Responsibilities: Outline the executor’s tasks and responsibilities, including managing the estate, paying debts, and distributing assets to beneficiaries.
  4. Include the Executor’s Full Legal Information: Ensure that the executor’s full name, address, and any other relevant contact details are listed to avoid confusion.

Can I Use LegalPen to Create a Mirror Will if I’m Single?

Yes. A mirror will is designed for couples, but LegalPen can help you create a standard will if you are single.

While mirror wills are meant for two people with nearly identical wishes, single individuals can use LegalPen’s services to create a customized will that reflects their own estate planning needs. LegalPen allows you to specify beneficiaries, appoint an executor, and outline how you want your assets distributed. Though a mirror will wouldn’t apply to a single person, a regular will created through LegalPen can cover all necessary details to ensure your estate is managed according to your wishes.

When to Use a Mirror Will

Use a mirror will when you and your spouse or partner have nearly identical wishes regarding the distribution of your assets. A mirror will is ideal for couples who want to ensure that their estates are passed on to each other first and then to mutually agreed beneficiaries, such as children. It simplifies estate planning for couples with shared goals, making it easier to ensure that the surviving partner is taken care of before the assets are passed on. This type of will is particularly beneficial when both individuals want to leave their estates to the same people, minimizing conflicts and ensuring clarity in estate management.

Who Signs a Mirror Will?

Both individuals involved in the mirror will must sign their respective wills. In a mirror will arrangement, each person creates their own will, and both must sign to make the documents legally valid. The signatures must be witnessed by two independent witnesses who are not beneficiaries of the will. This ensures the validity of the documents and prevents any legal challenges. The signing of each will signifies that both individuals agree to the terms outlined, though either person can change their will independently at a later time.

How is Property Passed in a Mirror Will?

In a mirror will, property is passed first to the surviving spouse or partner upon the death of one individual. This means that the surviving partner inherits all assets, including real estate, financial accounts, and personal belongings. After the second partner passes away, the remaining property is distributed to the secondary beneficiaries named in both wills, typically children or other agreed-upon individuals.

The process is straightforward: the surviving partner inherits the entirety of the deceased partner’s estate, and once both have passed, the assets are passed to the designated beneficiaries, following the terms laid out in the mirror wills. This ensures a smooth transfer of property according to the couple’s shared wishes.

The Pros of Having a Mirror Will

Mirror wills offer several advantages for couples looking to simplify their estate planning and ensure their assets are distributed according to shared wishes. Below are the key benefits of having a mirror will:

  1. Simplifies Estate Planning: Mirror wills provide a straightforward solution for couples with shared goals. They make the estate planning process easier by aligning their wishes in nearly identical wills.
  2. Ensures the Surviving Partner is Protected: The surviving partner automatically inherits the entire estate, ensuring their financial security after the other’s death.
  3. Reduces Conflict Among Beneficiaries: Since the wills reflect each other and outline clear beneficiaries, there is less room for disputes or confusion among family members or heirs.
  4. Cost-Effective: Drafting mirror wills is often more affordable than creating two entirely separate wills, especially for couples with shared assets and similar estate goals.
  5. Flexibility: Either partner can change their will after the other’s death, allowing for adjustments based on new circumstances or preferences.
  6. Clear Asset Distribution: Mirror wills clearly define the distribution of assets after both partners have passed away, ensuring that property is transferred according to mutual agreements.

The Cons of Having a Mirror Will

While mirror wills provide convenience for couples, they come with certain drawbacks that should be considered. Below are the key disadvantages of having a mirror will:

  1. Lack of Flexibility While Both Partners are Alive: While both partners are alive, changes to the will typically require agreement from both parties, limiting individual flexibility.
  2. Potential for Changes After One Partner’s Death: The surviving partner can change their will at any time, which may lead to a different distribution of assets than originally agreed upon.
  3. Risk of Disputes with Complex Families: In blended families or multiple marriages, mirror wills may not adequately address the needs of stepchildren or other family members, leading to potential disputes.
  4. No Binding Legal Obligation: Mirror wills are not legally binding after the death of one partner, meaning the surviving partner can completely alter the terms, which may not reflect the original mutual wishes.
  5. Potential for Overlooking Personal Wishes: Since mirror wills are often identical, they might not account for individual preferences, such as specific gifts or bequests, leading to unaddressed personal desires.

What is the Alternative to a Mirror Will?

An alternative to a mirror will is creating separate individual wills or setting up a trust. Separate individual wills allow each person to specify their unique wishes regarding the distribution of their assets. This option provides more flexibility, especially if one partner wants to leave specific assets to different beneficiaries or include provisions not shared by the other partner. Another alternative is a trust, which provides more control over how and when assets are distributed, even after death. Trusts can help avoid probate, reduce tax liabilities, and ensure beneficiaries receive assets under specific conditions, offering more security than a mirror will.

What Happens if I Leave a Gift to a Nonprofit in My Will and Then Mirror My Will?

Leaving a gift to a nonprofit in your will, and then mirroring your will, means the gift will appear in both wills. This ensures both partners agree to donate the specified gift to the nonprofit. Upon the first partner’s death, the surviving partner inherits the responsibility to honor the bequest, assuming no changes are made.

However, the surviving partner retains the right to change their mirror will after the other partner’s death. This means they could potentially remove or modify the gift to the nonprofit if they choose to alter their will. Without specific legal restrictions, there is no guarantee the gift will remain in place after one partner dies unless explicitly stated otherwise in the terms of the will.

If I Make a Mirror Will for My Spouse, Can They Change Any of the Information in Their Will (Like Their Will Executor)?

Yes. Your spouse can change information in their mirror will, including the will executor. A mirror will reflects the wishes of both partners, but each individual retains control over their own will. This means your spouse can update their will, such as changing the executor or altering other provisions, without needing your permission. Mirror wills are not legally binding on either party, allowing for independent changes to be made at any time.

What is the Difference Between a Mirror Will and a Mutual Will?

While both mirror wills and mutual wills are used by couples to align their estate planning, they have significant differences in terms of flexibility and legal obligations. Below are the key differences between a mirror will and a mutual will:

  1. Flexibility: Mirror wills allow either partner to make changes independently after one partner’s death. In contrast, mutual wills are legally binding, meaning neither party can alter their will after one partner passes away without violating the agreement.
  2. Legal Obligation: Mirror wills for married couples do not impose a binding legal obligation to keep the terms of the will unchanged. On the other hand, mutual wills are created with the understanding that neither partner will modify the will after the other’s death.
  3. Purpose: Mirror wills are designed for simplicity and flexibility, often used by married couples or partners who share similar wishes but want the freedom to make changes. Mutual wills are typically used when both individuals want to ensure that their agreed-upon wishes are followed exactly, without any future modifications.

What is the Difference Between a Mirror Will and a Joint Will?

Understanding the differences between a mirror and joint will is important for couples planning their estates. Below are the key distinctions between these two types of wills:

  1. Document Structure: A mirror will involves two separate wills that reflect each other’s provisions, while a joint will and testament is a single document created and signed by both partners, covering both individuals’ estates.
  2. Flexibility: With mirror wills, each individual can change their will independently, even after one partner passes away. In contrast, a joint will and testament typically cannot be altered by the surviving partner after the first partner’s death, making it more restrictive.
  3. Legal Binding: Mirror wills allow either partner to update their wishes freely. A joint will, however, legally binds both parties to the terms set in the single document, limiting the surviving partner’s ability to make changes to the distribution of the estate.
  4. Usage: Mirror wills are commonly used by married couples who want flexibility, while a joint will and testament is generally used by couples who want to ensure that the estate remains distributed as agreed, even after one partner dies.

 

Meet the Author

LegalPen Author Anne

Annie L – Distinguished linguist at LegalPen

Annie is a distinguished linguist at LegalPen, bringing a unique blend of legal expertise and linguistic precision to her work. She earned her Juris Doctor degree from Yale University in New Haven, Connecticut, attending on a prestigious Law Faculty Merit Scholarship. At Yale, Annie showcased her exceptional skills by serving as an editor on the Yale Law Review.

Upon graduating, Annie gained invaluable experience through a two-year appellate clerkship at a renowned law firm in Connecticut. During her time in law school, she honed her research and writing abilities as a research assistant and writer for various legal firms. Annie’s deep understanding of legal language and her attention to detail make her an invaluable asset to LegalPen.