What Arizona Couples Should Know About Reciprocal (Mirror) Wills

Many long-married Arizona couples assume a joint will is the simplest way to leave everything to a surviving spouse, and eventually to their children. However, joint wills are rarely used because they cannot be modified unless both spouses are able to authorize these modifications. Drafting reciprocal (“mirror”) wills can be a more practical alternative because these documents allow couples to maintain a shared estate plan while preserving flexibility for the surviving spouse.

A joint will is a single legal instrument that can only be modified when both spouses are alive and well. Once one spouse dies, or if a spouse loses testamentary capacity due to injury, illness or cognitive issues, that will and its terms are fixed. This is true even when circumstances clearly warrant a change.

There are many reasons why a modification to a will might be required. For example, an adult child who stands to inherit significant assets may become incapable of handling them due to addiction, mental illness or other reasons. A parent might wish to provide a larger inheritance to one child because they have not been as financially successful as their siblings, or have provided extensive caregiving help to their parents. Laws change as well, which can affect how much the estate and/or beneficiaries pay in taxes.

Couples who want to keep things simple can instead create reciprocal or “mirror” wills. These are two individual wills with identical terms. Typically, they leave all assets initially to the surviving spouse and designate that all assets remaining after that spouse has passed away will go to their children and/or other beneficiaries. Each spouse might also designate that when they pass away, the children will get a specified amount so that there is some inheritance before both parents are gone.

Because each of these wills has only one testator (the person who creates the will), the other spouse is free to modify their will if needed after that person is gone or loses the capacity to execute a legal document. Each spouse, of course, can modify their will individually while both are still alive and well. They will just no longer have reciprocal wills.

Reciprocal wills can be a useful estate planning solution for some couples and can simplify administration for loved ones. Further, because they show a shared vision of what a couple wants, they are less likely to cause family conflicts. It is important to remember, however, that there are other important documents to put in place, like advance directives, powers of attorney and possibly revocable living trusts. That is why individualized estate planning is crucial.

Jeffrey P. Hall, PLLC, has offices in Chandler, Phoenix and Peoria to help Arizonans with all of their estate planning needs. For a free initial consultation, call 480-409-5174 or contact me online.