Did you and your partner immigrate to Canada? If so, surely you both want to live to the fullest in this beautiful country, but for the new destination to be stable and successful in the future, it is necessary to have good estate planning to protect the legacy you have built. For this, it is necessary to know the benefit of having a "mirror will". What exactly is a mirror will and how useful is it?

That's today's topic for our Immiland Law blog. Here I am going to explain what a mirror will is, how it works and why it can be a beneficial option for you and your partner once you are settled in Canada. Let's get started!

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What does the mirror will consist of?

A mirror will consists of two separate but complementary documents drafted by each member of a couple. In essence, each spouse or life partner establishes a will that mirrors that of the other, so that the two documents are mutually consistent and support each other in terms of the distribution of assets and other legal wishes.

One of the concepts frequently discussed in the Canadian probate process, "mirror will" is a term that refers to a set of wills that are designed to complement each other, ensuring that the wishes of both partners are reflected and respected after their death. 

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What is the purpose of the mirror will?

The main objective is to protect the couple! Imagine that you and your partner have built a life together in Canada, have property, bank accounts, investments and possibly children; making a mirror will will ensure that, in the event of the death of one spouse, the other is legally protected.

Keep in mind that the purpose of a mirror will is to preserve that your interests and wishes are fully recognized and carried out after your departure. For example, if one spouse dies first, his or her mirror will may specify that his or her assets and property be transferred to the survivor according to his or her explicit wishes, or the second spouse's will may be drafted in a way that respects and complies with the terms set forth by the first spouse.

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The mirror will has many benefits

Couples who choose to make a mirror will ensure by law the automatic recognition of the survivor as an heir, which avoids conflicts and difficulties after death. Here I expand on the three main benefits of making a mirror will:

1. It ensures clarity and consistency in the wishes of both parties. By establishing a mirror will, the couple has the opportunity to have their last will clearly defined and coordinated with their loved one. This is very valuable in Canada because it helps them avoid confusion or disputes between heirs and ensures a smooth execution of the couple's final resolution.

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Important: Immigrant couples often have extended families in different countries. A mirror will reduces the possibility of family disputes by clearly stating who the beneficiaries are and how the assets are to be distributed. If you are going through a conflict situation regarding the legal distribution of your estate in Canada, do not hesitate to contact us. We are specialists in probate services and we can help you. 

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2. Ensures mutual protection. The mirror will provides an additional layer of protection for both spouses, ensuring that each spouse's interests are properly taken care of and considered after the death of the other, so that they do not have to deal with uncertainties or complicated paperwork at an already difficult time, which is also handled with different regulations depending on the Canadian province where they are residing.

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3. It offers individual flexibility for each couple. Although mirror wills are designed to be complementary, each spouse has the flexibility to adjust and customize their provisions according to their individual circumstances and preferences.

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Important considerations for couples in Canada

Once the couple is established in Canada, it is very necessary that they agree and sit down together to discuss the terms and conditions that will be set out in their mirror wills. The Canadian lawyer will guide you through the process, but your final wishes as a couple are at the heart of this estate treasure.

I also recommend that you review and update your documents periodically to reflect significant changes in your family life, for example, if you have had children, if you got married, if you got divorced or if there were relevant acquisitions of assets.

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Is it necessary to consult a specialized Canadian lawyer?

Yes, as a Canadian lawyer, I can assure you that a good and timely consultation will ensure that your mirror wills are valid and effective. Immigrants to Canada should consult with an estate planning lawyer because they are the ones who can help you draft clear and legal clauses that meet provincial legal requirements and adequately protect your interests as a couple. 

I do not recommend seeking advice from third parties with basic knowledge of immigration issues, nor from influencers who are neither consultants nor lawyers. Remember that Canadian laws are complex and advice should be handled according to the rules of each province. 

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In conclusion, a mirror will is a valuable tool for couples who have immigrated to Canada and want their wishes to be respected and their assets distributed according to their last will. If you wish to draft a mirror will or require an immigration consultation specialized in inheritance, I invite you to learn more about our services.

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Immiland Law Professional Corporation

We are a full service firm specializing in new immigrants to Canada and we are here to represent you legally.

Our certified team can help you create a plan that protects your legacy and the well-being of your loved ones. Please feel free to contact us and we will be happy to assist you. I hope this topic is helpful to you and your partner. Thank you for reading and success with your family plan!

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With love,

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Immiland Law