As the name suggests, mirror wills are wills which mirror one another and are commonly made by couples, whether married or not. They reflect the same wishes, which are typically for the survivor to inherit the other’s estate on the first death and for their children (either their children together or all of their separate children) to inherit on the second death.

The danger of having mirror wills is that there is nothing preventing the survivor from changing their will once their partner passes away. Although there may be a moral obligation on the survivor to honour their late partner’s wishes, there is no legal obligation to do so. One common scenario arises where there is a blended family and the survivor makes a new will which diverts their estate away from their stepchildren in order to solely benefit their biological children, leaving their late partner’s children out of pocket. This happened in a recent case which has made headlines in the press.  

Maureen McLean was the second wife of Reginald McLean. Reginald had three children from a previous marriage: Ian, Sean and Lorraine (“the Stepchildren”). During their marriage, they had a son of their own: Brett. Maureen and Reginald made mirror wills in 2017, which left their respective estates to the other on the first death and split their estate equally between the four children on the second death. The couple sent letters to the children confirming that these were their wishes.

Reginald predeceased Maureen and she inherited his entire estate. Maureen later passed away in 2019. However, 11 days before her passing, she executed a new will which left her estate (now including Reginald’s estate) solely to her biological child, Brett. The main asset within the estate was a residential property, which was worth around £300,000. Brett was living in this property with his parents and continues to reside there.  

The Stepchildren issued a claim against Brett, arguing that his inheritance should be split equally between the four of them - honouring their father’s wishes. Their legal representative appeared in Central London County Court and submitted that there was a contractual arrangement, whether express or implied, between Reginald and Maureen to the effect that neither would change their will following the death of the other. Brett believed his mother left her estate solely to him so that he could care for her two parrots and because he didn’t have a partner, nor family, nor property unlike his stepsiblings.   

The Court ruled in favour of Brett, stating that whilst Maureen may have been morally bound not to cut out her stepchildren from her will after her husband’s death, she was not legally bound.

This recent case is a prime example of the dangers of mirror wills, particularly with blended families, and how they can cause more problems than solutions. It demonstrates how the survivor of a couple, who have made mirror wills, can choose not to honour their late partner’s wishes and change their will without having to worry about any legal consequences.  Couples making such wills may not always be aware of this possibility when making mirror wills if it is not properly explained to them. It is always best to leave nothing to chance, no matter how much trust exists within a relationship at the time of will-making. 

If you find yourself in a dispute because of mirror wills and wish to consider whether anything can be done to contest it, contact our specialist solicitors without delay.