The different types of wills for married couples come down to four choices: separate simple wills, mirror wills (two matching wills), a joint will (one shared document), or mutual wills (matching wills with an agreement not to change them). If your situation is fairly straightforward, mirror wills are the usual pick, because each of you can still update your own will later. And if you’ve been putting this off for a few years, you’re in good company. Picking a type is the easy part.
Do Married Couples Each Need Their Own Will?
Yes. You each need your own last will and testament, even if “everything goes to my spouse anyway” feels obvious. Dying without a will (lawyers call it dying “intestate”) means local law decides who inherits.
That default doesn’t always hand everything to the surviving spouse, especially when there are kids involved. The rules for dying without a will change from one state or province to the next. In some places, getting married can even affect a will you made before the wedding.
The group most likely to have dependents is the group least likely to be prepared. According to the Caring.com 2025 Wills and Estate Planning Study, adults aged 35 to 54 are the largest group with no estate planning documents at all. They’re even less prepared than adults aged 18 to 34.
What Types of Wills Do Married Couples Usually Choose Between?
Wills for married couples usually come in four types: simple (separate) wills, mirror wills, joint wills, and mutual wills. Here’s how each one works.
Simple (Separate) Wills
A simple will is an individual will. You make yours, your spouse makes theirs. Each one names your beneficiaries (the people who inherit), an executor to carry out your instructions, and a guardian for minor children.
Separate wills make the most sense when the two of you want different things. Maybe you have different beneficiaries in mind, or assets you each own separately, or children from a prior relationship.
Mirror Wills
Mirror wills are two separate wills that say nearly the same thing. You each leave everything to the other, then to the same backup beneficiaries, usually your kids.
Either of you can update your own mirror will whenever you like, including after the other has died. That flexibility is the big benefit. It’s also the trade-off, since nothing forces the surviving spouse to keep the original plan.
Joint Wills
A joint will is one document that you both sign. Once the first spouse dies, a joint will generally can’t be changed.
So the surviving spouse can’t adjust it for a remarriage, new children, or a big change in finances. Joint wills aren’t accepted everywhere, and they’ve largely fallen out of favor.
Mutual Wills
Mutual wills are separate wills that come with a binding agreement: neither of you changes yours after the first spouse dies. They protect the original plan, which can matter a lot in a blended family.
They’re also rigid. How the agreement gets enforced depends on where you live, and you’ll almost certainly need a lawyer to set one up.
| Type | How many documents | Can the surviving spouse change it? | Best for | Main drawback |
|---|---|---|---|---|
| Simple (separate) wills | Two | Yes | Spouses with different wishes or separate assets | Plans can drift apart if you don’t coordinate |
| Mirror wills | Two | Yes | Most couples with shared wishes | No guarantee the survivor keeps the plan |
| Joint will | One | Generally no | Rarely recommended today | Locks the survivor in, not accepted everywhere |
| Mutual wills | Two, plus an agreement | Generally no | Couples who need certainty for children from a prior relationship | Rigid, and usually needs a lawyer |
Which Types of Wills Add Extra Protection for Your Family?
Testamentary trust wills and pour-over wills add an extra layer of protection. Think of them as add-ons to the four types above. You wouldn’t choose one of these in place of a mirror will or a simple will.
Testamentary Trust Wills
A testamentary trust will sets up a trust when you die. The trust holds and manages money for someone, so they don’t get it all in one lump sum.
Parents use this most. It lets your children inherit at an age you choose, like 21 or 25. If you have little ones, here’s more on protecting children with a legal will.
Pour-Over Wills
A pour-over will is a safety net that works alongside a living trust. Anything you left outside the trust “pours over” into it after you die. If you don’t have a living trust, you can skip this one. (Our guide to wills versus trusts explains the difference.)
What Other “Wills” Will You Hear About, and Do They Apply to You?
You’ll also run into living wills, holographic wills, and nuncupative wills. Only the first one matters for most married couples.
Living Wills
A living will has nothing to do with your property. It records the medical and end-of-life care you’d want if you couldn’t speak for yourself, and you’ll also see it called an advance directive. You should each have a living will alongside your last will and testament.
Holographic (Handwritten) Wills
A holographic will is written and signed by hand, often with no witnesses. Only some places recognize them, and they’re easy to get wrong.
Nuncupative (Spoken) Wills
A nuncupative will is spoken out loud in an emergency. They’re rarely recognized, so don’t count on one.
How Do You Choose the Right Type of Will as a Couple?
Look at four things: what you own, who you want to protect, how your life might change, and the rules where you live. Talking through those four together is really how to make a will with your spouse without the stress.
Look at What You Own, Together and Separately
If you rent and share bank accounts, simple wills or mirror wills will usually do the job. If you own real estate, a business, or sizable investments, your wills will need more detail.
Think About Who You Want to Protect
If all your children are shared, mirror wills usually fit. Children from a prior relationship change the picture. The surviving spouse can legally rewrite their own will, and your kids could end up left out. Our guide to estate planning for blended families goes deeper on that.
If you have minor children, name the same guardian, and the same backup, in both wills.
Plan for Life to Change
A new baby, a new home, a move, a death in the family. Any of these can mean your will needs a refresh. With Succession Wills, you can update your wills anytime at no extra cost.
Check the Rules Where You Live
The rules for signing, witnessing, and probate (the court process that settles an estate) differ by state and province.
An online will works well for straightforward situations. If you have complex trusts, tax planning needs, or want a mutual wills agreement, talk to a lawyer. If you’re still comparing services, see our rundown of the best online wills for married couples.
Is a Will Enough, or Do Married Couples Need Other Documents?
For most married couples, a will on its own doesn’t cover everything. A will only kicks in after death. And being married doesn’t automatically let you manage every account or make every decision if your spouse is seriously ill or injured.
Power of Attorney
A power of attorney names the person who handles your finances and legal matters if you can’t. You each need your own. Most couples name each other, plus a backup. Here’s more on the difference between a will and a power of attorney.
Living Will (Advance Directive)
A living will puts your care wishes in writing, so your spouse isn’t left guessing. Put it all together and a full estate plan for a couple is two wills, two powers of attorney, and two living wills.
Ready to get it done? You can start both of your wills free, then add a power of attorney for each of you.
What Do Couples Commonly Ask About Making Wills Together?
These three questions come up more than any others.
What Is the Best Type of Will for a Married Couple?
The best type of will for married couples with shared wishes and a straightforward situation is usually a pair of mirror wills. Your plans stay aligned, and each of you can still update your own will as life changes.
Are Joint Wills a Good Idea?
Usually not. Joint wills lock in the surviving spouse. Mirror wills get most couples the same result with more room to adjust.
Can My Spouse Change Their Will Without Telling Me?
Yes. With simple wills or mirror wills, either of you can change your own will without telling the other. So talk through what you both want, and look over both wills together after big life events.
