Mirror Wills - Why They May Be Right For You

“Mirror Wills” are commonly spoken of in estate planning, but what exactly is a Mirror Will? In this article, we explore what exactly a Mirror Will is and its benefits, particularly for couples with joint assets.

What are Mirror Wills?

A Mirror Will is essentially an Ordinary Will that mirrors the asset distributions of another.

A Will distributes all assets to a particular beneficiary, and another does the same, then the two are considered Mirror Wills. Where one spouse wishes to leave everything to the other upon their death, and subsequently to their children (if any) upon the other’s death.

This is a Mirror Will since the distribution to each other (and subsequently their child) is mirrored in each will. However, in some cases, the wife may choose to leave her entire estate to her husband in her Will, with the provision that if he passes away before her, their children will inherit the entire estate equally. This is still considered a Mirror Will as the distribution is mirrored in each spouse’s will, providing protection for the surviving spouse and ensuring their children are taken care of in the event of their passing.

Additionally, Mirror Wills are a popular choice for couples with young children, as it ensures their children are provided for in the event of both parents’ passing.

Mirror Wills and Joint Assets

Mirror Wills for married couples are most practical where a couple owns jointly held assets. Such assets may include jointly held bank accounts and/or real estate. Having Mirror Wills where such assets are concerned may reduce the risk of inequitable asset distributions.

For example,

A couple jointly owns a HDB flat, and both of them did not do a valid will. In this case, the HDB flat would pass to the surviving owner. This means that if the husband passes away first, then the HDB flat would absolutely belong to the wife. If the wife subsequently passes without a will, the Intestate Succession Act will take effect. Under the law of intestacy, where the couple has no children, the HDB flat would pass to the deceased spouse’s parents. Conversely, where the couple has children, the parents of the deceased spouse will likely not be entitled to a share in the HDB flat.

This creates a situation where the deceased husband has contributed financially to the HDB flat, but is left unaccounted for in the final asset distribution. This is particularly true where the couple has no children. In that case, the law of intestacy stipulates that the HDB flat would be distributed to the wife’s parents in the first instance. This would also operate in favour of the husband should the wife pass away first. That is, in the case of the example above, should the wife pass away first, the husband’s parents would get the HDB flat if the couple has no children, and where the couple has children, 50% of the HDB flat would pass to the husband’s parents and the remaining 50% would pass to the children.

We discuss more about distribution to the various “classes” under the Intestate Succession Act in our article here.

However, if the couple both had Wills, and those Wills stated that the HDB flat would instead be distributed to their children (for example), then this problem of unfairness would be avoided since the asset would ultimately be distributed to their children.

Crucially, note that the scenario above will not take place solely in respect of a HDB flat, but for all joint assets including investment accounts, bank accounts and private real estate. In addition, if the couple has no children, or does not want to distribute the HDB to their children, then any common third party may be selected instead.

Difference between Mirror Wills and Ordinary Wills

There is no legal difference between Mirror Wills and Ordinary Wills - Mirror Wills are Ordinary Wills that have similar distributions, that is distributions that mirror each other. Accordingly, clauses that allow the husband and wife to appoint different executors, testamentary guardians or different beneficiaries for non-jointly owned assets can still be included in Mirror Wills.

Revocation of Mirror Wills

A Mirror Will is effectively an Ordinary Will, it may be revoked at any time, and the revocation may be done without giving notice to the other party.

Cost of Mirror Wills in Singapore

Making a Mirror Will does not have to be tedious or expensive. WillCraft makes it easy to craft your own Mirror Will.

Crafting a Mirror Will doesn’t need to be a cumbersome or costly process. WillCraft simplifies the creation of your own Mirror Will, providing a straightforward and accessible solution. Our user-friendly platform ensures that drafting your Mirror Will is both efficient and affordable.

Our service is full featured and covers up to 10 million Will permutations. Whether you want a simple Will with two beneficiaries, or a more complicated one with substitute beneficiaries, a testamentary guardian and various specific gifts, WillCraft enables you to customise your own Will with the option to appoint up to 4 executors and trustees hassle free, from the comfort of your own home.

Ready to get started? Create your Mirror Will today with WillCraft’s intuitive platform.

Our platform checks for formal legal validity automatically. In addition, we include lawyers in the process to ensure that your Will is legally sound.

Start drafting your Will with WillCraft today!

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Our platform checks for formal legal validity automatically. In addition, we include lawyers in the process to ensure that your Will is legally sound.

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Frequently Asked Questions

What are the advantages of having Mirror Wills as a couple?

Having Mirror Wills as a married couple ensures that each partner’s wishes are respected, assets are distributed according to their desires, and children or dependents are cared for as intended. It simplifies the estate planning process for couples and provides peace of mind for the future.

What is the difference between a Joint Will, a Mutual Will, and a Mirror Will?

Joint Wills are created usually by spouses; they outline asset distribution after both spouses’ deaths, which is documented in one Joint Will. The surviving spouse cannot alter terms after one party’s death. Mutual Wills are separate Wills with similar provisions made by multiple individuals, often binding and reciprocal. A Mirror Will is a pair of individual wills created by two people, often spouses, where each person’s Will reflects the other in terms of its provisions for asset distribution.

When should you do a Mirror Will?

A Mirror Will is typically created by spouses or partners to leave their assets to each other in the event of one partner’s death. This type of will “mirrors” each other, meaning that they leave everything to the surviving partner if one passes away. It is recommended to consider creating a Mirror Will when both partners wish to leave their assets to each other and then to their chosen beneficiaries after both partners have passed away. It ensures that both partners’ wishes are carried out effectively and can simplify the distribution of assets while providing clarity and peace of mind for both parties.

Are Mirror Wills a good idea?

Mirror wills can be a good idea for couples who have very similar wishes for their estates. These wills are essentially identical, with each partner leaving their assets to the other in the event of their passing, and then to their chosen beneficiaries after both partners have passed away. This can simplify the estate distribution process and ensure that both partners’ wishes are carried out effectively. However, it’s important to consider individual circumstances and seek legal advice to determine if mirror wills are the best option for your specific situation.

[^1] Intestate Succession Act (Cap 146, 1985 Ed). [^2] Intestate Succession Act (Cap 146, 1985 Ed) S7 Rule 4. [^3] Does not include illegitimate children, unless they are adopted. See Intestate Succession Act S 3. See also Lim Welpin and Another v Lim Boh Chuan and Others [2010] SGHC 99. Children who are related by the half blood only have the right to a claim if there are no surviving children who are related by the full blood. See Intestate Succession Act S6. See also Re Fenton [1994] 1 SLR 448. [^4] Intestate Succession Act S 7 Rule 3. [5] Intestate Succession Act S 7 Rule 5. [6] Where the children of the deceased husband have died before him, their legal representatives will share the HDB with the wife to the exclusion of the wife’s parents. See Intestate Succession Act S7 Rule 3. Where the husband leaves no surviving spouse, children or parents, his siblings, if any, may be entitled to the HDB, or his grandparents if he has none. See Intestate Succession Act S7. [7] For the definition of “child” see footnote 3. [8] This is within the context of Singapore law. The rule of survivorship may not apply to jointly held overseas assets.