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Can I create a couple's Will, or do my partner and I require separate Wills?

For security and legal purposes, Safewill requires you and your partner to make separate Wills on our platform

Written by Sasha Best

In Australia, it is highly recommended that each Australian adult has their own Will, so you and your partner will each need to create individual Wills on our platform (this is also beneficial from a security perspective). Joint/Mutual Wills can be really problematic when one party passes away before the other, or there is separation (however unlikely). They also cause extreme practical difficulties with the legal processes which must occur after passing, including with Probate. We've kept our Wills individual to make sure these problems don't arise down the line.

Additionally, this requirement extends to family members, such as adult children, who must also create their own individual accounts and wills.

Benefits of Mirror Wills for Couples

  • Aligned Wishes: Mirror Wills ensure that both partners’ intentions are clearly documented and aligned.

  • Individual Flexibility: Each partner retains the ability to make changes to their own will independently.

  • Cost-Effective: Safewill offers a discounted partner bundle, making it more affordable for couples to create aligned wills.

However, we do offer Mirror Wills. Mirror Wills are individual wills for each partner that reflect each other’s wishes, ensuring both partners’ intentions are aligned. To create a Mirror Will, start by completing your will and then make sure you checkout with a Partner Will in your cart (these are 50% off). After completing your checkout, you’ll see the option to ‘Create a Mirror Will for your Partner’. We’ll guide you through a few quick questions to confirm their details and get consent to mirror your Will. Once the first will is completed, the other partner will receive an email with a prepaid invitation link or gift code to create their own account. Each partner must use a unique email address. Using the invitation link, the second partner can register their Safewill account. Their draft will may be prepopulated with relevant information from the first partner’s will to streamline the process. Each partner then reviews and finalizes their will, ensuring all details are accurate and aligned.

Note that each Safewill account can only store one will, so it is essential for each partner to have their own account.

FAQs About Mirror Wills

What’s the difference between sharing a Will and creating a Mirror Will? The Share function on Safewill only allows your partner to view the contents of your will; it does not copy your information for their will. To create a Mirror Will, your partner must create their own will using the provided gift code or invitation link and enter their own details. If the Mirror Will option wasn’t selected when adding your partner, they will need to complete their will manually. Can I create a Mirror Will if my partner has already completed their will? Yes. If one partner has already completed their will, the other partner can use the prepaid invitation link sent via email to create their own account and complete a Mirror Will at no cost. This process ensures that the second partner’s will is aligned with the first partner’s wishes.

How can we manage accounts on a shared device? When using a shared computer, ensure you log out of one account before logging into another. To log out, click the three bars in the top-right corner next to the cart icon and select "Log Out." Each spouse can use the same device but must log into their respective accounts to create and manage their wills.

What should we do if both wills were created under the same email address? If both wills were created under the same email address, only one will can be stored in that account. To resolve this, create separate accounts for each individual and upload the signed wills to their respective accounts.

Creating Wills for Family Members

Adult family members, such as a 24-year-old daughter, must create their own Safewill account and purchase their will separately. Each account can only store one will, so it is essential to use separate accounts for each individual.

If you are specifically after "mutual wills" you should obtain careful legal advice from a specialist estate planning lawyer.

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