It's one of the most common questions in estate planning: "Can my spouse and I just share one will?" The short answer is no — and the reasons matter.

There Is No Such Thing as a Shared Will in Canada

Canadian law does not recognize a joint will in the same way some jurisdictions do. Each individual must have their own separate, legally valid will. A document titled "Will of John and Jane Smith" would be problematic — and in most provinces, unenforceable — because a will is an individual legal declaration that takes effect at the death of a specific person.

What couples can do — and what most do — is create mirror wills: two separate, legally distinct documents that reflect the same intentions. "I leave everything to my spouse. If my spouse predeceases me, everything goes to our children equally." Each spouse has their own document. They mirror each other.

Why Mirror Wills Make Sense for Most Couples

Mirror wills are the standard solution for couples with aligned intentions. They're clean, simple, and legally robust. Each document stands independently, which means:

  • If one spouse dies, the other's will remains valid and unaffected
  • Each spouse can update or revoke their will at any time without affecting the other
  • Provincial execution requirements are met separately for each document

When You Need Different Wills

Mirror wills assume aligned intentions. That assumption breaks down in a few scenarios:

Blended families

If you each have children from previous relationships, a simple "everything to my spouse" arrangement can inadvertently disinherit your biological children. If your spouse dies after you, their will — not yours — determines what happens to the assets they inherited from you. Those assets may pass to your stepchildren or your spouse's relatives instead of your own children. This requires deliberate planning, not a mirror.

Significant age differences

If there's a meaningful age gap, the surviving spouse may need specific provisions — trusts, spousal trusts, or different distribution timelines — that don't fit a simple mirror structure.

Business ownership

Business interests require specific succession planning that a mirror will typically doesn't address. If one or both spouses own a business, the will should explicitly address what happens to those interests.

What a Couple's Package Includes

When couples book together at Wills Made Easy, each person receives:

  • A legal will (individually prepared and executed)
  • An enduring power of attorney
  • A healthcare directive (Personal Directive in Alberta, POA for Personal Care in Ontario, etc.)
  • A guardian appointment (if applicable)

That's eight documents total — four per person — all prepared, reviewed, and signed in a single one-hour joint appointment. At $495 for the couple, it works out to less than most Canadians spend on a night out.

What Happens If Only One Spouse Has a Will

It's surprisingly common. One spouse gets around to it; the other doesn't. The problem: the intestacy rules apply to the spouse without a will. Which means if the spouse without a will dies first, provincial law decides what happens to their estate — regardless of what the other spouse's will says.

Estate planning only works if both spouses have documents in place. A couple's appointment — available for couples in Toronto, Vancouver, and across Canada — solves this in one hour.

What About Common-Law Couples?

Common-law partners face a different set of risks. Unlike married spouses, common-law partners do not automatically inherit under provincial intestacy law — even after decades together. If one partner dies without a will, the surviving partner may need to make a claim against the estate under dependent's relief legislation, which is costly, time-consuming, and uncertain.

This is why wills are arguably more important for common-law couples than for married couples. A properly drafted will ensures your partner is provided for without the estate going through a legal dispute. If you're in a common-law relationship, both partners should have wills that explicitly name each other as beneficiaries — don't rely on provincial law to protect your partner.

Updating Your Wills After Major Life Events

Even the best wills need updating. Marriage, divorce, the birth of a child, the death of a named beneficiary, a move to a new province — any of these can make your existing will outdated or partially invalid. In some provinces, marriage automatically invalidates an existing will unless it was made in anticipation of that marriage. Divorce doesn't necessarily void a will, but it typically removes the ex-spouse as executor and beneficiary.

The simplest approach: review your wills every three to five years, or whenever a major life event occurs. If both spouses' wills were done together, they should be reviewed together. If you've moved to a new province, your will is still legally valid, but it may not reflect the inheritance laws of your current province — so updating it ensures everything aligns with local legislation. A brief review with a professional can catch issues before they become problems for your family.