Originally published: May 5, 2016 | Last updated: September 8, 2025
What Is a Joint Will and Why Do Couples Ask About It?
We get this question almost every day: “I would like a Will for my husband and me. This is only letting me do one Will. How do I get a joint Will that will allow us to give what we have to each other?”
Couples writing a Will together have three options:
- A Joint Will — a single document combining both partners’ Wills
- Mutual Wills — two identical Wills with a binding contract
- Reciprocal or Mirror Wills — separate Wills with similar terms but no binding contract
What Exactly Is a Joint Will?
A Joint Will is a single document that combines a couple’s Last Will and Testament. Normally, one partner inherits the entire estate when the other dies. When the second partner dies, the estate is distributed as both partners originally agreed. In plain terms, a Joint Will says something like: “If either of us dies, the surviving partner receives everything. When the surviving partner dies, everything goes to the Salvation Army.”
What Are Mutual Wills?
Mutual Wills offer couples essentially the same arrangement as a Joint Will, but structured differently. Mutual Wills are generally two identical Wills supported by a separate document that commits the surviving partner to a particular distribution of their estate. This separate contract, in effect, creates the same binding arrangement as a Joint Will.
Why Are Joint Wills and Mutual Wills Problematic?
While combining Wills can seem like a reasonable approach, there are several critical complications:
| Problem | Explanation |
|---|---|
| No practical advantage | Joint Wills were historically used to save time writing duplicate content by hand. With modern computer-generated Wills, there is zero cost or time benefit. Joint Wills often end up being more expensive than Mirror Wills. |
| Anachronistic concept | The idea reflects an outdated era when couples were not seen as two separate estate owners. Today, each partner owns their share of an estate independently. |
| Legal ambiguity | Different states take different positions on whether Joint Wills are binding after the first partner dies. Most judges have ruled that the surviving partner can use the estate however they wish during their lifetime. |
| Rigid and inflexible | If circumstances change — new relationship, changed beneficiary preferences — the surviving spouse may find it extremely difficult or impossible to make updates. |
Even if courts were consistent about the power of a Joint Will, it remains a poor approach. No Will, however cleverly constructed, can foresee every contingency. Retaining the flexibility to alter your Will when circumstances change can prove very valuable.
What Are Reciprocal or Mirror Wills?
Reciprocal or Mirror Wills are separate Wills in the individual names of both partners that describe essentially the same terms. Names aside, they are often identical but do not have to be. Most commonly, Mirror Wills have the surviving partner and children inheriting the estate.
The key difference from Joint or Mutual Wills: there is no contract or binding agreement preventing the surviving partner from amending their own Will later. Mirror Wills avoid the heavy-handed rigidity and legal ambiguity of Joint or Mutual Wills while still allowing couples to coordinate their estate plans.
Why Is Flexibility Better Than a Binding Agreement?
Because of the complications around Joint and Mutual Wills, it is much better for partners to make a mutual moral commitment to respect the spirit of their agreement, rather than make the other legally obligated to do so. No Will can possibly foresee every contingency, and retaining the flexibility to alter your Will if it becomes appropriate to do so is invaluable.
How Can I Protect My Children’s Inheritance with Mirror Wills?
A common concern arises when you have children from a previous relationship. The danger is that your entire estate passes to your current partner, who could then rewrite their Will to leave everything to their own biological children at the expense of your children.
Rather than writing a binding, irrevocable Joint Will, a Trust is the better solution. At USLegalWills.com, our Will writing service supports two powerful trust options:
- Lifetime interest in a property: Your current partner can live in the house for the rest of their life, after which it passes to your children.
- Lifetime estate: Your current partner can live off the proceeds of your estate, but it is held in trust for your children.
These trust arrangements protect your children’s inheritance while still providing for your surviving partner — without the legal problems of a Joint Will. For more on this topic, see our guide to writing Wills for blended families.
How Much Do Mirror Wills Cost at USLegalWills.com?
Most couples are best served by Reciprocal or Mirror Wills. Given that Mirror Wills are better for virtually everyone, we do not offer Joint or Mutual Wills, especially in light of the commonly reported problems.
At USLegalWills.com, writing Mirror Wills is both convenient and affordable:
| Item | Price |
|---|---|
| First Will | $39.95 |
| Second Will (40% discount) | $20.97 |
| Total for both | $60.92 |
The first Will takes about 30 minutes to complete. Once you are familiar with the service, the second Will typically takes half the time. You should also consider adding a Power of Attorney and Living Will to your estate plan. If you have any questions, our support team is always here to help.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets, and has contributed to articles in The New York Times, NY Metro Parents, U.S. News & World Report, and other leading publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
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