Mirror Wills for Couples in Ontario | Agile Legal Solutions

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What mirror wills are

“Mirror wills” is a practical label, not a legal category. It means two wills, one for each partner, written in matching terms: each leaves everything to the other, and if the other has already died, to the same people, usually the children. Each will names the other partner as estate trustee with the same alternate, and both name the same guardian for minor children. Ontario’s statutes do not mention mirror wills. Each is an ordinary will, signed and witnessed on its own, under the same rules as any other, which we explain in what makes a will valid in Ontario. This page supports our main wills and powers of attorney page.

For a couple in a first marriage with children they share, matching wills can be a sensible, efficient plan. The questions that matter are what happens if both partners die together, whether the plan still works if the survivor remarries, and what the survivor is free to change. Those are where couples need to think beyond the label.

How a typical pair of mirror wills works, step by step

Each partner signs a separate will. Sections 3 and 4 of the Succession Law Reform Act require each will to be in writing, signed at the end by the will-maker, with the signature made or acknowledged in front of two witnesses present at the same time, who then sign in the will-maker’s presence. Two wills can be signed at one meeting with the same two witnesses, and witnessing by video is allowed with conditions, as we explain in signing a will by video.
The first partner dies. Property held jointly with a right of survivorship, and plans or policies with a named beneficiary, pass outside the will. Everything else passes under the first partner’s will to the survivor.
The survivor owns everything outright. At that point the survivor’s own will is the only document that decides where the combined property eventually goes.
The survivor can change their will. Section 15 of the Act says a will is revoked by a later will, by a written revocation made like a will, or by destroying it with the intention of revoking it. Nothing in the mirror arrangement itself stops that.
The survivor dies. Their will, as it stands at that date, sends the property to the children or other beneficiaries.

What Ontario law does in the situations mirror wills are meant to cover
Situation	What the law does	Source
Both partners die together, or it is uncertain who died first	Each person’s property passes as if that person survived the other; joint tenants are treated as tenants in common	Succession Law Reform Act s. 55(1) and (2)
Life insurance where the insured and beneficiary die together	Paid as if the beneficiary died first, unless the contract or a declaration says otherwise	Insurance Act ss. 215 and 319; SLRA s. 55(4)
An estate trustee who dies with the will-maker	A substitute named for that case can act	SLRA s. 55(3)
Both parents die together and name guardians	Only the people appointed by both parents’ wills are effective	Children’s Law Reform Act s. 61(4)(b) and (5)
A guardian appointment by will	Needs the appointee’s consent and lasts 90 days unless they apply to the court within that time	Children’s Law Reform Act s. 61(6) and (7)
A gift to a partner who has died first	The anti-lapse rule covers only a child, grandchild, brother or sister, so the will needs its own alternate gift	SLRA s. 31
Marriage after the wills are signed	For marriages from January 1, 2022, marriage no longer revokes a will	SLRA s. 16 (repealed)
Separation of married spouses	Gifts to and appointments of the separated spouse are treated as if that spouse had died first, where the separation tests are met	SLRA s. 17(3) and (4)

What changes the answer

Dying together

A clause that is easy to overlook is the one for a common accident. Section 55(1) of the Succession Law Reform Act says that when two people die at the same time, or in circumstances where it is uncertain who survived, each person’s property passes as if that person survived the other. So each estate goes to that person’s alternate beneficiaries, not to the other partner. Section 55(2) treats joint owners as tenants in common for this purpose, splitting the joint property between the two estates. For life insurance, sections 215 and 319 of the Insurance Act pay the money as if the beneficiary died first, unless the contract or a declaration says otherwise. Mirror wills therefore need matching alternate gifts that make sense on their own. They can also include a survivorship clause, requiring the partner to outlive the will-maker by a set number of days before inheriting.

Guardians for children

Under section 61 of the Children’s Law Reform Act, a parent can appoint by will a person to have decision-making responsibility for a child after the parent’s death. If both parents die together and each will names someone different, section 61(5) gives effect only to the people named by both. That is a strong practical reason for couples to name the same guardian. The appointment needs the guardian’s consent and expires 90 days after it takes effect unless the guardian applies to the court within that time, which we explain in naming a guardian for your children.

The survivor can rewrite

Matching wills reflect a shared plan at the time they are signed. They do not, by themselves, stop the survivor from making a new will under section 15. A survivor who remarries, moves, or falls out with a child can leave the combined estate somewhere else entirely. For some couples that flexibility is the point. For others, especially blended families, it is the risk. A couple who wants the survivor to be held to the plan needs more than two matching wills, and should get specific advice. One option is a trust in the first partner’s will, so that some property is never owned outright by the survivor.

Blended families

Where each partner has children from an earlier relationship, simple mirror wills can disinherit one set of children by accident. If everything goes to the survivor and the survivor later changes their will, the first partner’s children may receive nothing. Ontario’s intestacy rules pass an estate to the spouse and closest next of kin, which may leave stepchildren out, as we explain in who inherits if you die without a will. Couples in this position can divide their property differently: some to the partner, some directly to each person’s own children, or a life interest for the partner with the capital going to the children afterwards.

A married spouse’s election

Section 6 of the Family Law Act lets a surviving married spouse choose between what the will gives and an equalization of net family property. When the will leaves everything to the spouse, the spouse may have little reason to elect equalization. When the will gives the spouse less, as in some blended-family plans, the election can override the plan, so the numbers need checking.

Separation

Where a separation began on or after January 1, 2022, a married spouse who is separated at the time of death, as section 17(4) defines it, is treated as if they died first for gifts and appointments in the will. Mirror wills signed in good times can therefore change their effect after a separation, which we explain in what happens to your will if you separate. Marriage no longer revokes a will at all, as covered in does getting married cancel your will.

Property outside the wills

A jointly owned home, joint accounts, and RRSPs, RRIFs, TFSAs and insurance with named beneficiaries usually pass outside both wills. Ontario’s Estate Administration Tax guidance leaves jointly owned assets that pass to the other owner, and registered plans with a named beneficiary, out of the estate’s value. A mirror-will plan only works if these designations match it, as our page on beneficiary designations explains.

Example

For example, imagine Priya and Daniel, married and living in Markham. Priya has a son from her first marriage; together they have a daughter, aged 8. They own their home jointly.

A simple pair of mirror wills would leave everything to each other and then to “our children“. If Daniel survives Priya, the house passes to him by survivorship and the rest under her will. If Daniel later remarries and makes a new will leaving everything to his new spouse, Priya’s son, who is not Daniel’s child, could receive nothing from either of them.

After talking it through, they keep matching guardian clauses naming Priya’s sister for their daughter, add a 30-day survivorship clause, and each leave a fixed share of their own property directly to their own children, with the rest to the partner. Priya also checks that her RRSP beneficiary designation fits the plan. This example is hypothetical and is not legal advice.

Common mistakes couples make

Naming different guardians. If both parents die together, only the person named by both is effective.
No alternate gift. A gift to a partner who dies first lapses unless the will says where it goes instead, because the anti-lapse rule in section 31 does not cover a spouse or partner.
Assuming the survivor is bound. Matching wills can be changed by either partner, and by the survivor after the first death.
Writing “our children” in a blended family. Say exactly who is meant, by name.
Leaving old beneficiary designations in place. They pass outside the wills and can undo the plan.
Having one partner witness the other’s will. A gift to a witness or a witness’s spouse can be void under section 12 of the Succession Law Reform Act.

What to do this week

List your property and note which items are joint and which have named beneficiaries.
Write down every child each of you has, from this and any earlier relationship.
Agree on one guardian and one alternate guardian for minor children, and ask them.
Decide on an estate trustee and alternate for each will; our page on choosing an estate trustee can help.
Talk about what should happen if the survivor remarries.
Book a joint meeting so both wills are drafted and signed together. A first consultation takes 30 minutes, by video or in person, and you can request one here.

Frequently asked questions

Is a mirror will one document for both of us?

No. Each partner signs their own will. Ontario law treats each one separately, and each can be revoked or replaced on its own.

Can the surviving partner change their will after the first death?

Yes. Under section 15 of the Succession Law Reform Act a will can be revoked by a later will. Couples who want limits on that need a different structure, such as a trust in the first will.

Do common-law couples make mirror wills too?

Yes, and for them a will matters even more, because Ontario’s guidance confirms a common-law partner does not inherit under the intestacy rules.

What happens if we die in the same accident?

Under section 55 of the Succession Law Reform Act, each estate passes as if that person outlived the other, so each goes to that person’s alternate beneficiaries.

Should we also make powers of attorney?

Yes. A will only works after death. Each partner also needs a continuing power of attorney for property and a power of attorney for personal care for the period before.

Do we need to update mirror wills if we move to another province?

Review them after any move. This page covers Ontario law only: the rules described here come from Ontario statutes, and another province’s rules may differ.

Sources

This page is general information about Ontario law, not legal advice for your situation. It reflects the law as of November 9, 2026.

Should couples in Ontario make mirror wills?