What is a Mutual Will, Mirror Will and Joint Will?

There are various types of wills. Couples generally have several options to write a will together, such as the following:

• Mutual will
• Mirror/reciprocal will
• Joint will

Such wills are typically made by couples to protect their respective assets and children (if any) in the event that one party or both parties pass away. Normally, the wills provide for the surviving spouse to inherit the entire estate when their spouse dies.

The surviving spouse then has the right to use the property however they choose, but after the surviving spouse passes on, the remaining estate will be distributed to the beneficiaries according to the terms of the will.

For more information, you may wish to download our free guide to will-making here:

Mutual Will

Mutual wills are usually made by two people pursuant to a separate agreement between them to make the wills and not to revoke them without the other’s consent. Each party would have a separate will making provisions for the other party on substantially similar terms, and dealing with the same property. Parties will also have a binding contract between them, which will typically provide that:

• Each of the parties will leave their property to mutually agreed beneficiaries;
• Neither party will revoke or make any change to their will without the consent of the other during their joint lifetimes; and
• Upon the death of one party, the surviving spouse will not revoke the will or alter it, so as to change the mutually agreed beneficiaries.

The agreement can be made orally or in writing on a separate document. It is usually advisable for parties to write the agreement on a separate document and have the terms reflected in the wills to avoid future problems of proving the agreement.

It is also advisable for parties to make it clear in writing that the wills are mutual wills to ensure that the beneficiaries, upon the death of the first party, are aware that they are benefiting under a mutual will. This would allow beneficiaries to know their position in case the surviving spouse makes a new will with no reference to the mutual will.

In 2021, the Singapore court ruled on whether mutual wills could take precedence over a simple will.

In this case, the father, then aged 68, and mother, then aged 64, had executed mutual wills before their lawyer back in 2001.

The terms of the Wills were as follows:

• Younger son: 35% of the estate
• Three daughters: 10% each of the estate (total 30%)
• Grandson: 35% of the estate
• Older son: 0% of the estate

The couple agreed not to alter the wills and named their youngest son and eldest daughter as the executors and trustees of the wills. Clause 2 of the mother’s mutual will also provided that the mutual wills were irrevocable.

When the father died in 2004, the younger son did not produce the wills as he had forgotten about it and assumed that all the assets would be passed to the mother.

In 2017, the eldest daughter brought the mother to a lawyer to make another will. This will stated that all of her properties would be split between the eldest and youngest daughters, while the other siblings would get $1 each.

When the mother passed away in 2021, the youngest son filed a suit for a declaration that the mutual wills that the parents executed in 2001 were the last will and testament of the mother, and that the grant of probate to the eldest and youngest daughters in respect of the 2017 will should be revoked. The pair of sisters then counter-claimed for an order that the 2017 will, instead, was the last will and testament of the mother.

The court found that the mutual wills were validly executed in all respects and there are no grounds to suspect that the testators were mentally unsound or unduly influenced to execute the mutual wills. Furthermore, the terms of the mutual wills were fairer than the terms of the mother’s 2017 will.

Thus, the court ruled that the mutual wills executed in 2001 would take precedence over the mother’s 2017 will.

This case highlights that a valid mutual will cannot be revoked or changed, even if a new will is subsequently made later on.

Mirror Will

A mirror will is a will made by two people, often with similar terms in two separate wills. Unlike mutual wills, no agreement between parties is required for mirror wills to be made. Parties making mirror wills must fully accept the right of the surviving party to change his or her will as and when they see fit.

Mirror wills need not be identical, but should mirror each other in terms of both testators’ mutually agreed wishes in all the important areas relating to estate administration and inheritance issues. A mirror will enables parties to state who they both wish to benefit from specific possessions or gifts and who should otherwise benefit from their individual estates.

Joint Will

A joint will is a single instrument made by 2 or more parties, which will serve as their separate wills. On the death of the first party, the survivor(s) becomes a trustee of all the assets named in the joint will. However, the survivor(s) will dispose only the deceased’s share(s) of these assets in accordance with the will’s instructions.

Changes to, or destruction of, the joint will require all testators’ consent.

Some reasons why people might consider making a joint will are:

• Jointly appointing someone to distribute their assets
• Where they are considering making a mutual will.

However, making a joint will is not advisable because it is unclear whether Singapore courts will uphold and enforce joint wills. Joint wills are also more difficult for a testator to change compared to if he were to make a regular will.

Joint wills may lead to inconvenient complications upon the demise of one testator, such as splitting of assets.

You may also find it difficult to find a law firm which provides the service of drafting joint wills.

Advantages and Disadvantages of Mutual/Mirror/Joint Wills

Revoking a Mirror/Joint/Mutual Will

Revoking a will means cancelling the will and it can be done by:

• Marriage;
• Writing a new will;
• Expressing an intention to revoke the will in writing; or
• The burning of, tearing of, or otherwise destroying the will by the testator (person who made the will) with the intention of revoking it.

Revoking a mirror will

In the event when one spouse dies, the mirror will would enable the surviving spouse to revoke the will without any legal consequences. Since the parties are not bound by an agreement or contract to not revoke the will without the consent of the other, the surviving spouse would be free to revoke his or her will as and when he or she sees fit. Hence, if any party makes a new will after making a mirror will, the court will deem that as a revocation of the mirror will and uphold the new will.

Revoking a joint will

As a joint will is a will written by two parties and represents the will of both parties in a single document, consent of both parties needs to be obtained before the will can be revoked. The surviving spouse is not free to revoke the will as and when he or she sees fit. If any party writes a new will after writing the joint will, and express consent was not given by the other party, the court will not uphold the new will. The court will not consider the joint will revoked unless express consent has been given by the other party.

Revoking a mutual will

As for mutual wills, the surviving spouse is likewise not free to revoke the will because parties have an express agreement with each other not to revoke the will. The beneficiaries of the will have the right to sue the surviving spouse for a breach of contract (on the basis of the agreement) and a breach of trust (on the basis of the will), if the surviving spouse seeks to revoke the will after the death of his or her spouse without obtaining consent prior to his or her spouse’s death. If the surviving spouse makes a new will without terminating the agreement, the court will not uphold the new will and instead impose a trust on the property specified in the will to prevent the revocation of the will. That means that the spouse owes a duty to take care of the property for the beneficiaries and pass it to them as according to the terms of the mutual will.

Couples wishing to find out more about the different type of wills and what is the most appropriate type of will for their circumstances can contact our wills lawyers for more information.