When Florida couples begin estate planning, they often want their Last Wills & Testaments to mirror each other, leaving assets to the surviving spouse first, then to their children or other beneficiaries. This approach is known as creating mirror wills. While these documents look nearly identical, it is important to understand their legal effect and how Florida treats them compared to mutual or joint wills.
What Is a Mirror Will?
A mirror will is a pair of separate, individual Last Wills, one for each spouse or partner, with matching terms. For example:
- Each spouse leaves everything to the other; and
- Upon the second spouse’s death, the remaining assets go to their children or chosen heirs.
Although these Last Wills “mirror” each other, they are not legally binding on the survivor. The surviving spouse can later revoke or change their will at any time.
Under Florida law, each person’s Last Will is independent and can be modified at will, even if the original Last Wills were identical.
What Is a Mutual Will Agreement?
A mutual will agreement goes one step further; it is a binding contract between two people agreeing not to change their Last Wills after one of them dies.
Florida recognizes such agreements, but they must:
- Be clearly written as a contract, separate from the Last Wills themselves, and
- Show the intent to be legally bound by the terms of the mutual estate plan.
Without a separate mutual will agreement, the surviving spouse is free to alter their Last Will, potentially disinheriting intended beneficiaries.
Florida does not recognize “joint wills” (one document for two people) as valid or advisable. Each spouse must have their own Last Will.
Practical Planning Tip
Couples who want to ensure their estate plans remain consistent after one spouse’s death should consider:
- A mutual will agreement drafted by a Florida estate planning attorney; or
- A revocable or irrevocable trust, which offers stronger legal protection and flexibility than mutual wills.
The Bottom Line
In Florida, mirror wills are easy to create, but they do not lock in your wishes once a spouse passes away. To ensure your estate plan is enforceable and avoids later disputes, work with an experienced Florida estate planning attorney to structure your Last Wills, Trusts, and Agreements properly, which help Florida families design coordinated estate plans that protect both spouses and preserve their intended legacy.
The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.
If you have any additional questions regarding the foregoing or have any legal issues or concerns, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.