Joint Wills vs. Mutual Wills in British Columbia: Lessons from Aulinger v. Oda, 2026 BCCA 13
Joint wills and mutual wills sound similar, but the difference can decide who inherits. In Aulinger v. Oda, 2026 BCCA 13, the BC Court of Appeal confirmed that a joint will is really two separate wills, and one spouse cannot revoke the other’s wishes. Here’s what couples and beneficiaries should know.
Understanding the Difference Between Joint and Mutual Wills
The British Columbia Court of Appeal’s decision in Aulinger v. Oda, 2026 BCCA 13 provides important guidance on a common area of confusion in BC estate law: the difference between joint wills and mutual wills. Although these terms are often used interchangeably, they have distinct legal meanings, and misunderstanding the difference can result in unintended consequences, including costly estate litigation or even an intestacy.
For couples planning their estates—or beneficiaries involved in a will dispute—this decision reinforces why carefully drafted estate plans and legal advice are essential.
What Happened in Aulinger v. Oda?
The case involved a married couple who signed a handwritten joint will in Germany in 1995, naming the same beneficiaries. Years later, the wife prepared a new handwritten will that revoked her previous testamentary dispositions. After both spouses passed away, the court had to determine whether her later will also revoked her husband’s portion of the original joint will.
The Court of Appeal concluded that it did not. While the wife was entitled to revoke her own will, she could not revoke her husband’s testamentary wishes simply because both wills appeared in the same document.
What Is the Difference Between a Joint Will and a Mutual Will?
This distinction was at the heart of the Court’s decision.
| Joint Will | Mutual Will |
| One document signed by two people | Two wills may be contained in the same or separate documents. The wills confer reciprocal benefits, which may include an agreement not to revoke either will. |
| Operates as two separate wills | Creates a binding obligation that may be enforceable in equity |
| Either person may change their own will | A later change may breach the agreement |
The Court reaffirmed that a joint will is not one indivisible will—it is two separate wills contained in a single document. Unless there is evidence of a separate agreement not to revoke, a joint will is not a mutual will.
Can One Spouse Revoke a Joint Will in British Columbia?
No. Under British Columbia’s Wills, Estates and Succession Act (WESA), a testator may revoke only their own will. One spouse cannot revoke the other’s testamentary dispositions, even if they are contained in the same document.
The Court also emphasized that when interpreting a will, judges should focus on the deceased’s intentions and, where reasonably possible, adopt an interpretation that avoids intestacy.
Why This Decision Matters for Estate Planning
This decision serves as an important reminder that informal or poorly understood estate planning documents can create uncertainty for loved ones after death. Couples who assume a joint will automatically prevents future changes may be mistaken unless there is a legally enforceable mutual wills agreement.
Seeking legal advice when preparing a will can help ensure your estate plan accurately reflects your wishes and minimizes the risk of future disputes.
Frequently Asked Questions
Yes, but only their own testamentary dispositions. A spouse cannot revoke or amend the other person’s will simply because both signed the same document.
No. A mutual will requires evidence of an agreement that neither party will revoke or change their will. Simply signing a joint will is not enough.
Joint wills may be appropriate in limited circumstances, but they can also create confusion if not carefully drafted. Many couples choose separate wills as part of a coordinated estate plan that provides greater flexibility while still reflecting their shared intentions.
Disclaimer: This content is provided solely for informational purposes and is not intended for use in any legal proceeding. You should consult a qualified lawyer for advice tailored to your specific circumstances.
