For many couples, getting a will in place is a significant milestone. Often, they create what are known as “mirror wills”—almost identical documents that leave assets to each other and then to the children. Simple, right?
But what if both partners pass away at the same time? This is where the cracks in a seemingly straightforward estate plan can start to show—and potentially create unintended consequences for those left behind.
The Problem with Mirror Wills
Mirror wills often include similar terms, such as:
- Leaving everything to the surviving spouse
- Gifts to specific people (e.g. “my watch to my son”, or “jewellery to my daughter”)
- Equal division among children as the fallback
While this might seem fair and tidy, mirror wills don’t account for simultaneous death—a car accident, plane crash, or natural disaster, for example. In these rare but real situations, the order of death can impact how the estate is distributed and who ends up with what.
The Order of Death Matters
Most wills are written assuming one partner outlives the other. But if the order of death can’t be determined, the law steps in. In many states, legislation assumes the older person died first, which can unintentionally shift control of the estate to one side of the family over the other. This is especially problematic in blended families or second marriages.
Gifts May No Longer Be Valid
Many specific gifts in a will—such as leaving a particular asset to a certain person—are tied to the assumption that the will-maker survives their spouse. If both die together or in close succession, those gifts may lapse or become complicated to execute. The result? A potential dispute, delay, or even litigation between family members.
The Risk of Outdated Planning
Some couples write wills early in life and never update them, despite major life changes—like children reaching adulthood, acquiring significant assets, or entering second marriages. If both spouses pass unexpectedly and the wills are outdated, the distribution may no longer reflect their current wishes.
What You Can Do
- Include a simultaneous death clause in your wills that clearly outlines your wishes in that scenario.
- Use testamentary trusts to provide greater flexibility and protection for children or vulnerable beneficiaries.
- Review your wills every 3–5 years or when major life events occur.
- Seek professional legal and financial advice to ensure your estate plan covers all bases—including the unexpected.
Final Thought
Creating a will is a vital step—but a mirror will without foresight can lead to confusion and unintended outcomes. Don’t let a tragic event create unnecessary complexity or conflict for your loved ones.
Talk to your SWU Group financial adviser today to ensure your wishes are protected, even in the most unexpected of circumstances. financialsuccess@simonwu.com.au