Mirror wills

What are mirror wills?

Mirror wills are essentially identical legal documents created by a couple that reflect each other's wishes. Typically used by married couples or civil partners, these wills contain similar provisions where each person leaves their estate to the other upon death, with contingency arrangements for what happens after both have passed away.

While offering simplicity and clarity for straightforward family situations, mirror wills remain separate legal documents that can be changed independently at any time without the other partner's knowledge or consent, as mirror wills are not contractually binding arrangements, unless additional legal protections are put in place. While many people assume mirror wills always leave everything to the surviving partner, this isn't necessarily the case.

Common clauses in mirror wills

The range is wide but most clients have a starting point of :-

• 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.

• 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

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.

Specific risks with mirror wills

• 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

Why mirror wills are significant where there are stepchildren

Mirror wills are particularly crucial for couples with stepchildren, as these children have no automatic inheritance rights under UK law. Without proper estate planning, stepchildren could be left with nothing if their step-parent dies, even after years of functioning as a family unit. By creating mirror wills that explicitly include stepchildren as beneficiaries, couples ensure all children are protected, regardless of biological relationship. This approach offers peace of mind that your blended family will be provided for according to your wishes, rather than defaulting to intestacy rules that may not reflect your family's reality.

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.