Mirror wills
Work with a trusted professional to create a mirror will that keeps your wishes and those of your partner perfectly aligned.
Align both partners wishes
Ensure your spouse inherits first
Agree together on how your estate is shared
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What are mirror wills?
A mirror will is a type of will that two people - usually a married couple or partners - create together to reflect each other’s wishes. The idea is that both partners leave the same instructions for what happens to their assets after they pass away. Each will matches the other, often leaving everything to the surviving partner.
There are usually also instructions on what should happen if both partners pass away, such as who inherits the estate or what should happen to any property that's left behind.
Reasons people take out mirror wills
Couples choose mirror wills for their clarity, consistency, and mutual protection:
Simply convenient
Mirror wills are an easy way for couples or partners to make sure their estates are handled the same way. By drafting two identical wills, each partner's wishes are clear and straightforward, reducing confusion and disputes later on.
Get your quoteProtecting each other
Couples often choose mirror wills to guarantee that their assets pass to the other person. If one partner dies, the surviving spouse or partner can receive everything. This helps prevent complications or conflict among family members.
Get your quoteLower risk of disputes
One of the key reasons for having a mirror will is to avoid disagreements between family members after the death of one or both partners. With clear instructions, the chances of conflict are slimmer, especially if assets are left to a surviving spouse or children.
Get your quoteClarity in remarriage
If one partner dies and leaves their estate to their spouse, a mirror will makes sure the assets go where you intended, such as to the children of a previous marriage. Without this provision, assets may be inherited by a future spouse.
Get your quoteTax planning
In some cases, mirror wills can be a useful way to manage inheritance tax. By making sure the estate passes to the surviving partner, mirror wills can help reduce tax, especially if assets are left to exempt beneficiaries.
Get your quoteThe children's estate
When both partners die, a mirror will can set out how the couple’s estate is divided between their children or other beneficiaries. This means they can inherit the estate in equal shares, preventing disputes among the family.
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Mirror wills vs. mutual wills
While mirror wills can be changed, mutual wills bind both parties to the same terms:
Mirror wills
Mirror wills are designed for two people who want their estates to be divided up in the same way. They're flexible and can be changed at any time by either party. If one person decides to change their will, they can do so independently of the other.
Mutual wills
Unlike mirror wills, mutual wills are a binding agreement between both partners and can't be changed without both parties' consent. Once one partner dies, the surviving person is legally bound to follow the instructions in the mutual will, even if they later wish to make changes.
Mirror wills pros and cons
Advantages
- Simple: Mirror wills are simple to draft, straightforward, and usually don't need complex legal work.
- Clear and effective: Since both partners express the same wishes, there’s little confusion about their assets.
- Affordable: Mirror wills are generally less expensive than other options for basic estate planning.
Disadvantages
- Inflexible: Once the wills are set, they can be difficult to change without the consent of both parties.
- Remarriage issues: Without the right protections, a new spouse could inherit the estate and disinherit children.
- Potential disputes: If one partner changes their will without telling the other, disputes could arise, especially after death.
Should I take out a mirror will?
If you and your partner have the same wishes for how your estate should be divided and want to make things simple and clear for your loved ones, a mirror will might be the right choice for you. But it’s worth considering the drawbacks, such as the lack of flexibility and the chance of complications if the surviving partner remarries. Speak to a solicitor or legal expert to fully understand your options before making the decision.
Types of mirror wills
1. Basic mirror will
The most straightforward type of mirror will, where each partner leaves everything to the other, typically their spouse, upon their death. If both partners pass away, the estate is divided among children or other beneficiaries, depending on the terms of the will.
2. Mirror will with a trust
This type of mirror will incorporates a trust to manage the assets after both partners die. The surviving partner may benefit from the assets during their lifetime (e.g. living in property or using investment income), with the estate ultimately passing to children or others once the surviving partner dies.
3. Mirror will with conditional provisions
Some couples add conditions to their mirror wills. They might specify that the surviving spouse doesn't remarry or must live in a specific property to inherit. These conditions can help manage how the estate is handled in certain circumstances.
4. Mirror will with a charitable donation
In this version of a mirror will, a couple may decide to leave a portion of their estate to a charity. The rest of the estate will follow the usual mirror will structure, so that it also protects the interests of the family.
5. Mirror will with inheritance tax planning
This type of mirror will incorporates measures to reduce inheritance tax (IHT), such as leaving assets to a spouse or making trusts for children. This ensures the estate is passed on with minimal tax liability.
6. Mirror will with guardianship arrangements
If you have young children, a mirror will can include your wishes for appointing guardians. This makes sure that, should both parents pass away, your children are cared for by someone you trust.
How to find and apply for a mirror will
Here's a simple checklist to guide you through the process of finding the right professional and creating your will.
Our expert says:
‘’Instead of drafting separate wills, you can create mirror will terms that reflect your shared wishes. But while mirror wills are relatively simple, you should consider your unique circumstances and how things could change in the future, before you lay down your plans.”
Frequently Asked Questions
Can a mirror will be changed?
Yes, mirror wills can be changed by either partner at any time, as long as you're both alive. Mirror wills are separate legal documents, so either of you can modify your will without needing the other’s consent.
Are mirror wills legally binding?
Yes, mirror wills are legally binding as long as they're executed according to UK law. This means that both wills must be signed by the testators (the people making the will) in the presence of two independent witnesses, who aren't beneficiaries or related to the beneficiaries.
What happens if one partner dies before the other?
In this case, the surviving partner will inherit everything according to the terms of the mirror will. For example, if your partner dies, everything from their estate will typically pass to you. You can then continue to manage the estate until you pass on. Your will is still valid and can be changed independently.
Can mirror wills be used if we have children from different marriages?
Yes, although it’s important to clearly define how you want your estate divided so that all children are treated fairly. A common approach is to leave everything to the surviving spouse, with the estate divided among the children once both parents have passed away. There could be complications if one partner dies and the surviving partner remarries, because the new spouse might inherit everything before the biological children.
Do I need a mirror will if I’m not married?
A mirror will is often recommended for unmarried couples who want to make sure their estate passes to each other. If an unmarried partner passes away, the surviving partner doesn't have automatic inheritance rights under UK law (unlike married couples or civil partners). Without a valid will, they could be left with nothing. Depending on the family structure, their estate could be inherited by distant relatives or the state.
Can I leave assets to someone else in a mirror will?
While mirror wills typically follow a similar structure, allowing each partner to leave everything to the other, you can still specify other beneficiaries. You may wish leave a certain portion of your estate to a charity, friends, or extended family, while giving the rest to your spouse or partner.
Are mirror wills the same as joint wills?
No, mirror wills and joint wills are quite different.A joint will is a single document, typically with identical terms, but it's designed to be binding after one partner's death. This makes it difficult for the surviving partner to make changes.
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