One Family, Similar Wishes; But Should You Have One Will or Two?
When two people have similar wishes about how their assets should be distributed, they may wonder whether they should prepare one Will together or make separate Wills. For instance: they may want their assets to ultimately pass to the same family members or beneficiaries.
In such situations, two options that are often considered are Mirror Wills and Joint Wills. While they may sound similar, the way they are structured is quite different.
Mirror Will
A Mirror Will refers to two separate Wills made by spouses whose wishes regarding the distribution of their assets broadly align. The Wills may contain similar or “mirrored” provisions, reflecting their shared intentions about who should receive their assets.
Joint Will
A Joint Will is a single document made by two persons, Instead of preparing two separate Wills, both individuals record their wishes in one Will. The document contains the wishes of both persons regarding the distribution of their assets.
Which One Should You Choose?
The choice between a Joint Will and Mirror Wills depends on the wishes and circumstances of the individuals. Before deciding, it is important to consider:
Do both individuals have similar wishes regarding their assets?
Do they want to make separate Wills or record their wishes in one document?
Do they want flexibility to make changes to their individual wishes in the future?
Are their assets owned separately, jointly, or both?
Are there any family circumstances that may change in the future?
Mirror Wills May Be Suitable When
Two individuals have similar wishes but prefer to maintain separate Wills. They may also be preferable where each person wants to deal separately with their own assets and retain flexibility if their circumstances or wishes change in the future.
Joint Will May Be Considered When
Two individuals have closely connected wishes and prefer to record those wishes in one document.
Registration of Joint Wills and Mirror Wills
Registration of a Will is generally optional in India. However, if the individuals choose to register their Wills, the registration process may differ depending on whether they have a Mirror Wills or a Joint Will.
Since, Mirror Wills are two separate documents, each Will is separately executed and separately presented for registration.
A Joint Will, being a single document made by two persons, may be presented for registration as one document, with the signatures of both parties affixed to it.
Conclusion
The key difference is simple: Mirror Wills are two separate Wills with similar provisions, while a Joint Will is one document containing the wishes of two persons.
Before choosing either option, it is important to consider your wishes, the nature of your assets, your family circumstances and the flexibility you may need in the future. A well-planned Will should provide clarity not only for today but also for the future.
Family Will Editorial Team
Legal Research & Insights
