Joint Wills in Canada — Why Estate Planners Generally Advise Against Them
Couples planning estate together sometimes ask about joint wills — a single document covering both spouses. Modern Canadian estate planning generally advises against them. This article covers why, and what couples should do instead.
What a joint will is
A single will document signed by two people, typically spouses. The document takes effect at each person's death in turn. At the first death, the joint will governs that estate; at the second death, it governs the second estate.
Distinct from:
- Mirror wills — two separate documents with similar provisions (typical for couples)
- Mutual wills — separate documents with reciprocal terms AND an agreement not to change them
Why joint wills are problematic
Constraint on the surviving spouse. After the first death, the joint will may bind the survivor. The surviving spouse may be unable to update the will to reflect new circumstances — remarriage, new children, new charitable interests, changing relationships with beneficiaries.
Probate complications. Same document handles two estates separated in time (often by years or decades). Probate court may face questions about which provisions apply at which death.
Inflexibility for changing circumstances. Life happens. The joint will signed at age 60 may not reflect what the survivor at age 80 wants. But the joint will may prevent updates.
Difficulty enforcing or challenging. If the surviving spouse wants to deviate from the joint will, the result may be litigation between the surviving spouse and the deceased spouse's beneficiaries.
Provincial enforcement varies. Different Canadian provinces approach joint wills with different rigour; some courts are more willing to allow modifications.
Mirror wills — the standard alternative
What most Canadian couples actually use:
- Two separate documents — one for each spouse
- Similar provisions — each leaves everything to the other, with similar contingent distributions if the other has predeceased
- Independent — each can be updated independently
- No binding effect after first death — surviving spouse can update their own will freely
Mirror wills achieve the same coordinated estate plan as joint wills without the downsides.
When (rarely) joint wills might fit
- Both spouses want certainty their wishes won't change regardless of later circumstances
- Very simple estate with no realistic future complexity
- Specific religious or cultural traditions calling for joint document
- Both spouses understand and accept the binding effect
Even in these situations, mirror wills with strong shared intent are usually preferable.
What to do
For Canadian couples:
- Use mirror wills (separate documents, similar provisions)
- Each spouse names the other as primary beneficiary
- Each names a backup executor (sometimes a shared backup like an adult child)
- Each names contingent distributions if the other has predeceased
- Update independently as circumstances change
What we focus on at It's Simple Will
It's Simple Will generates separate individual wills. Couples planning together typically create mirror wills — each completes the questionnaire with similar inputs reflecting their joint plan, resulting in two coordinated documents.
Related guides
Citations & sources
- [1]Canadian Bar Association — Wills, Estates and Trusts Section — Canadian Bar Association
Frequently asked questions
What is a joint will?
A single will document signed by two people (typically spouses) that takes effect at the death of each in turn. Distinct from mutual wills (separate documents with reciprocal terms) and from mirror wills (separate documents with similar terms). Less common in modern Canadian practice.
Why are joint wills problematic?
Several issues. When the first spouse dies, the joint will becomes operative for the deceased's estate but ALSO constrains the surviving spouse's later changes — the survivor may be unable to update the will to reflect new circumstances (remarriage, new children, new charitable interests). Probate complications arise because the same document handles two estates. Modern estate planning prefers separate documents.
What's the difference between joint, mirror, and mutual wills?
'Joint will' — one document signed by both. 'Mirror wills' — two separate documents with similar provisions (typical for couples). 'Mutual wills' — separate documents with reciprocal terms AND an agreement not to change them (less common; creates similar binding-after-first-death problems as joint wills).
What do most Canadian couples use?
Mirror wills — each spouse has their own separate will with similar provisions (each leaving everything to the other, with similar contingent distributions if the other has predeceased). Independent of each other; each can be updated independently. This is what most Canadian estate planners recommend.
Are joint wills ever appropriate?
Rarely. Some specific situations (very simple estates where both spouses want absolute certainty their wishes won't change, particular religious or cultural traditions) may justify them. For most modern Canadian couples, mirror wills are clearly preferable.
Can I challenge or change a joint will?
Difficult and often disputed. If the joint will is binding by its terms, the surviving spouse may be unable to change it even after the first death. Court intervention may be required. This binding effect is the main reason planners advise against joint wills.