A mirror image will refers to two copies of a nearly identical will, except with modifications to the name of the will creator (called a testator).
Creating a mirror image will in New Mexico can be an efficient way for couples to settle their estate when they both agree on a single arrangement for inheritances. These wills can be created quickly since they usually follow a simple structure, and each copy is identical.
However, a mirror image will may not be the best fit for blended families or couples who have differing ideas about what happens to their estate after they pass. Refer to a New Mexico mirror image will lawyer to learn more about your options and how to select the best estate plans for your unique situation and goals.
Schedule a no-obligation consultation and estate plan review with New Mexico Financial & Family Law today when you call us at 505-503-1637 or contact us online.
Creating mirror image wills can seem simple, but consider the risks of creating a will that is invalid or that affects your estate in ways you didn’t intend.
Getting your will just right for you and your family is particularly important when creating mirror image wills. Since you are basically doubling the will, any mistakes or poorly phrased clauses would affect both wills.
These days, you have many options for creating a will yourself that can seem tempting. However, know that any will you create without the help of a licensed attorney could jeopardize your ability to distribute your estate as intended.
Wills act a lot like contracts. Some wills even intentionally create a contract through the way they are written.
Having a contract carry out the way you intended depends entirely on how well it is worded, along with how well the creator understands the laws that can affect it. Choosing your words carefully matters a lot, especially when you are no longer alive to explain what you meant.
Once you die, your estate’s personal representative, your beneficiaries, your creditors, and potentially the courts have to interpret what your will means. If you are using cookie-cutter language from a will creation tool rather than from the advice of an attorney, your will could have unintended consequences.
Further, you want your will to be customized to your specific situation, which can require some creative approaches or lateral thinking.
Reach out to a New Mexico mirror image will attorney to receive personalized guidance on your last will and testament.
At New Mexico Financial & Family Law, we approach each client from a unique standpoint — because no two families are the same.
Every new client engagement begins with a thorough review of your estate portfolio, the relevant parts of your family tree, and your goals for estate planning. We listen closely to your concerns and aspirations, and we do our best to provide satisfactory answers to all your questions.
After going over your preferences and expectations, we can recommend a range of estate planning options. Our recommendations might include creating mirror image wills, or we may recommend other options to help you achieve your goals, like a joint trust.
Once you have settled on a comprehensive estate plan that promises the best chances of the outcome you want, we can begin drafting a unique will (or wills) to capture all of your wishes in a legally enforceable and easy-to-interpret way.
We can go over any complicated provisions in your mirror image will with you to make sure they reflect your intentions, especially if you want to cover a wide range of possible situations. We’ll also make sure to include all recommended clauses to clearly explain and safeguard your will, making it easier for your estate’s personal representative to uphold your wishes during probate.
You can then properly execute your will, according to New Mexico state law, ensuring that it is legally valid and binding. You can follow up with our New Mexico mirror image will law firm afterward any time you experience major life changes, have questions, or want to change your will to reflect your current wishes.
This deep level of service gives our clients a higher level of confidence knowing that their wishes are clearly captured and can be carried out once they have passed. Our sincerest hope is that your loved ones and your legacy get the chance to be appreciated as much as they deserve.
A mirror image will, also called a “reciprocal will,” refers to a will that is nearly identical in language to another will, except names and pronouns have been changed.
These types of wills are usually employed by married couples who wish to simplify their estate arrangements while ensuring that their children (or other beneficiaries) eventually inherit their estate as intended.
Many mirror image wills structure their estate distributions (inheritances) using the following language:
Both spouses wills use nearly identical language. This arrangement aims to provide a surviving spouse with the resources they need after their first spouse’s death while still expressing the desire for their children to ultimately inherit everything.
There is one glaring flaw to a mirror image will: after you die, they actually have no legal effect on what happens to your property once it is inherited by a spouse or other party.
A mirror image cannot create an irrevocable contract to honor the final intention for children to inherit the remainder of the estate, per New Mexico law (NM Stat § 45-2-514), unless the will specifically states that a contract is created (which the other spouse must agree to, in writing) or it references a separate contract that was signed by all affected parties.
In other words, you can’t force your spouse to eventually give up the property they inherited to your intended final beneficiaries. Once they have received it, your will has been carried out, and it no longer has any binding effect on the property.
Your surviving spouse can dispose of it as they see fit.
Further, your spouse is under no obligation to keep their will mirrored exactly to yours. They are legally allowed to change it at any time without your knowledge or permission.
While it may not seem likely that a surviving spouse would disinherit their own children or squander their deceased spouse’s estate, the truth is that things get complicated if they remarry. They may suddenly have other children in their family, including step-children and other new children, if they decide to have a baby or adopt.
In these situations, a surviving spouse may end up wanting to split up the entirety of their estate — including the portions inherited from their deceased former spouse — to go to all of their new and old family members alike.
The surviving spouse is likely to change their will, accordingly, when their life situation shifts dramatically so that it reflects their current wishes and intentions.
Another wrench in the usefulness of a mirror image will is that they can end up being redundant in states like New Mexico, which have community property laws.
Community property laws basically say that spouses co-own nearly everything. The only things they own separately tend to be:
Because of community property laws, surviving spouses automatically inherit the majority of all the other spouse’s property when that spouse dies, unless otherwise directed by a will. Therefore, community property law can be construed as doing what a mirror image will do anyway. NMSA § 45-2-102(B).
The first-to-die spouse legally can only convey his or her one-half undivided interest, which may be difficult to administer if dealing with assets such as real estate. NMSA § 45-2-807.
Mirror image wills are more popular and useful in other areas with separate property laws, including in most states of the United States. Creating a mirror image in these places guarantees the surviving spouse’s sole rights to the entire estate while voicing the intention for the property to eventually go to the promised final beneficiaries.
Because of the less-needed nature of mirror image wills in a state like New Mexico, they may not be recommended, even for couples that have identical wishes for the disposition of their estate.
Yes. If any property has been designated as separate, then both mirror image wills can reflect a desire for particular heirlooms or other possessions to go to a specific beneficiary at the time of the first spouse’s death.
For example, one spouse can promise all of their college memorabilia to a child, while another can promise their collection of dolls from childhood to another beneficiary. When one spouse dies, this separate property goes to the named beneficiary, while the rest of the estate is inherited by the surviving spouse.
Both mirror image wills should mention these separate gifts.
Going back to the example, one spouse’s will could state: “It is my wish for all of my apparel and keepsakes purchased by or gifted to me during my enrollment at my alma mater to go to my sole daughter.”
Then, the other will could account for this bequest by saying something like: “I wish to leave all of our household property to our only daughter, save for any items she has already received in a separate bequest at the time of my other spouse’s death, should he/she die prior to me.”
The exact phrasing can be altered, depending on your situation, but the example illustrates how mirror image wills can be customized to fit more specific bequests than a wholesale transfer of the entirety of an estate.
A mirror image will allows for independent creation and management of estate plans by each member of a couple, including the ability to deviate from the mirror image structure at a later date.
On the other hand, mutual wills are two separate wills that become legally binding once the first spouse dies. To accomplish this arrangement, the couple signs and executes an addendum to their respective wills, called a codicil.
The codicil is executed in the same manner as a regular will, with both spouses signing it in front of witnesses, who then sign the document themselves in the presence of the spouses and one another.
The codicil usually states something to the effect of: “These wills cannot be altered except by mutual consent of both spouses. They become irrevocable upon the death of the first spouse.”
The latter clause means that the surviving spouse can no longer change their own last will and testament after the first spouse dies.
As one might imagine, this legally binding agreement can create even more complications than a mirror image will should one spouse die and the other remarry. Although the surviving spouse inherits property first, they cannot modify, transfer, or sell it if it is designated to another beneficiary once they die.
That restriction applies to real estate, as well, which can create complications when the surviving spouse wants to move or needs to sell the home for financial reasons.
Joint wills are a single-document version of a mutual will, signed by both spouses and witnessed by two parties, who then sign the joint will in the presence of the original will creators and one another.
New Mexico law (NM Stat § 45-2-802) states that any language in a will referring to a surviving spouse is automatically revoked if the couple gets divorced. Section 45-2-804 terminates inheritances in wills to a former spouse upon divorce.
While this automatic revocation can be beneficial, in some ways, it will also lead to confusion and possible contradictory or unenforceable language. After a divorce, both former spouses should revise their wills as soon as they are able.
Whether you decide to use a mirror image will or another arrangement, such as a joint trust, your future and the future of your family are in good hands when you come to New Mexico Financial & Family Law.
Get started on reviewing your options and deciding on the best type of estate plans for your household when you reach out to our New Mexico mirror image will law firm. Call 505-503-1637 or contact us online to book a no-obligation case review today.
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