Mirror wills

What are mirror wills?

Mirror wills, also sometimes described as joint wills, are a pair of nearly identical wills, typically created by spouses or partners, where the main terms are generally reciprocal, mirroring the terms of the other will.

While many people assume mirror wills always leave everything to the surviving partner, this isn't necessarily the case. The key characteristic is that the wills contain similar or matching provisions, but the actual content can be tailored to the couple's specific needs.

Mirror wills are not contractually binding arrangements. Each person remains free to change or revoke their will at any time without the knowledge or consent of the other person. This is a crucial distinction from mutual wills, which do involve a binding agreement not to change the will after the first death.

Common arrangements in mirror wills include :-

• The surviving partner inheriting the entire estate.

• The surviving partner inheriting a specific percentage or portion of the estate.

• Specific assets passing to the surviving partner while other assets go directly to children or other beneficiaries.

• Life interest arrangements where the surviving partner can use assets during their lifetime, but doesn't own them outright.

• Both wills typically name the same secondary beneficiaries (usually children or other family members) who would inherit after both partners have died.

Common reasons for choosing to have mirror wills

• Reciprocal primary beneficiaries - each person typically names the same beneficiaries

• Executors - often the same individuals are appointed as executors in both wills

• Matching guardianship provisions - for couples with young children, identical guardianship appointments

• Similar funeral wishes - often contain matching funeral instructions

Are there any potential disadvantages or drawbacks?

Mirror wills are generally not suitable for :-

• Blended families - If you have children from previous relationships, mirror wills offer no protection that these children will ultimately inherit, as the surviving step-parent could change their will and disinherit them.

• Business owners - Those with business interests often need more sophisticated arrangements to address succession planning and tax efficiency.

• Individuals concerned about care home fees - Mirror wills provide no protection against care fee assessment for the surviving partner.

• Those with complex estates - Larger or more complex estates often benefit from trust structures that mirror wills don't provide.

Other specific concerns can include :-

• No guarantee the surviving partner won't change their will after the first death

• Children from previous relationships may be disinherited if the surviving partner makes changes

• No protection against the surviving partner remarrying, which could affect inheritance plans

• Assets might not reach intended final beneficiaries if the survivor changes the arrangements

• Offers no protection against care home fees for the surviving partner

• No safeguards against creditor claims on the survivor's estate

Solicitors for mirror wills

Ensure your wishes are safeguarded with legally binding wills designed for couples. We will start by assessing with you whether mirror wills are the right option for you. After that, our expert solicitors make the process seamless, ensuring your assets are passed on exactly as you intend.