Legal Blog

Mutual Wills – Mirror Wills

Gefen Estate v. Gefen 2022 Ont CA

Mirror wills (in which the wills of two spouses are mirror images of each other) do not become mutual wills unless there is a binding contract that the makers of the will may not change their wills after the first death of the willmakers. Some loose understanding or sense of moral obligation is insufficient; the mutual wills must be proven by clear and satisfactory evidence on a balance of probabilities.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.