A mirror Will is a type of Will that is created by a couple, typically married or in a civil partnership, where the terms of each partner's Will are the same. The primary purpose of mirror Wills is to ensure that the couple's assets and estates are distributed in a similar manner no matter which partner passes away first. 

Mirror Wills are commonly used by couples who want to ensure that their estate is managed and distributed in a way that reflects their joint wishes. It simplifies the process of estate planning by aligning their intentions, provided that both partners have the same view about what should happen to their joint assets. The most common example is to gift the estate to the surviving partner first, thereby safeguarding the partner's financial future, and then passing the assets to their children or other beneficiaries when the surviving partner dies.

When creating mirror Wills, couples will produce two almost identical Wills with the same terms and provisions. The primary beneficiary in both Wills is usually the surviving spouse, and they will have the same secondary beneficiaries, typically the couple's children or other relatives. There are several potential benefits to making mirror Wills, including the fact that the Wills are separate legal documents. This means that either partner can change their Will at any time without needing the consent of the other party. Depending on your estate planning strategy, this flexibility can be attractive and allow the surviving party to change their mind on how they manage their estate after one spouse or civil partner passes away.

On the other hand, there are other options available that can give the deceased spouse or civil partner more control over how their estate is distributed after the surviving partner passes away. It is worthwhile to consider all of the options, not least because it is crucial to create a Will before you die. If you do not, your surviving spouse will likely inherit most of your estate (but not necessarily all of it). Meanwhile, if an unmarried partner passes away, the UK's intestacy rules mean that the surviving partner inherits nothing.

Are there disadvantages to using a mirror Will?

While the flexibility of the mirror Will is one of the key advantages of using it, it can also be a significant drawback. The deceased partner will have no control over the terms of the other partner's Will after they die. As such, this type of Will is only effective if the surviving party keeps their Will the same, and this relies on strong trust between the parties. If, after the first party dies, the survivor remarries, they may change or create a new Will to gift all of their assets to their new spouse, rather than to the children from the previous marriage.

In fact, either partner can change their Will whenever they want without notifying the other partner, so there is no legal guarantee at any time that the documents are still identical. The surviving partner might be influenced by others to change their Will in a way that deviates from the original mutual agreement. In turn, this can lead to disputes among family members and beneficiaries, especially if the terms of the Will differ from what beneficiaries have been told to expect.

There are other Will structures that can be more restrictive, in terms of each partner's freedom to change the terms after one person has died, and these may be a better way to achieve your intentions in terms of estate planning. However, it is also important to regularly review and update mirror Wills, especially after major life events such as the birth of a child, divorce, or a significant change in financial circumstances. By following this procedure and seeking legal advice before drafting a Will or making any other estate planning decisions, you can minimise the risk of conflict or family disputes and make a mirror will work for you.

What other Wills have the same effect as mirror Wills?

The mutual Will is very similar to the mirror Will, except it is legally binding. Unlike mirror Wills, a mutual Will creates an agreement between the partners that neither will change their Will without the other's consent. Any changes require both partners' agreement, and this ensures that the agreed-upon distribution of assets is honoured after the first partner dies. In this sense, the advantages and disadvantages of mutual Wills are directly opposed to mirror Wills. These documents are completely inflexible after one partner has died, because they cannot consent to changes to the Will.

This means that, if circumstances change and the surviving partner remarries or has more children, these new family members are not legally entitled to inherit anything that belonged to the couple before one partner died.

A life interest trust Will is another popular way to control assets after you die and ensure they are eventually inherited by secondary beneficiaries. Generally, these Wills give the surviving spouse or partner a life interest in the estate without them inheriting it. In practice, it means that after a person’s death, the surviving spouse can continue to live in the family home for the rest of their life, and when they pass away, the property will be inherited by the couple's children or other named beneficiaries. This provides security for the surviving partner while protecting the inheritance for the next generation.

A property protection trust Will places the deceased partner's share of any jointly owned property into a trust. Again, this allows the surviving partner to live in the property for their lifetime, but protects the deceased partner's share. After the second death, this share of the property eventually goes to specified beneficiaries. This structure can protect the interests of both the surviving partner and the ultimate beneficiaries.

Choosing the best Will structure for your needs means seeking professional legal advice. The team at JMW can help you to plan your estate to ensure that your exact wishes are fulfilled, and draft all of the necessary documents. We can also offer our services as professional executors or trustees to manage your estate assets on an ongoing basis. With a legally valid Will, you can protect your partner and your beneficiaries, and distribute your assets as you see fit.