What are Mirrored Wills?
Mirrored wills are a common option in the UK, offering couples an easy solution to create separate, yet near-identical wills. To learn more about what a mirror Will is, and the potential advantages and disadvantages of making one, continue reading.
Mirrored Wills Meaning
Mirrored wills are two separate, but nearly identical legal documents. They’re a cost-effective option, commonly created by couples, civil partners, and individuals in long-term relationships to reflect each other's wishes after death. Mirrored wills leave the entirety of an estate to the surviving partner, with remaining assets passed to named beneficiaries (usually children) after the second partner's death.
Why Make a Mirror Will?
A mirror Will offer reassurance between couples, ensuring their estate is distributed according to shared wishes after death. Although married couples and civil partners tend to gain inheritance rights under the Rules of Intestacy automatically, those who aren't legally married or in a civil partnership do not.
It's these specific couples who may benefit most from creating mirrored wills. However, anyone can benefit from the peace of mind that comes with having mirrored wills.
Mirrored Wills: Pros and Cons
There are pros and cons to most legalities, including mirrored wills. Let’s take a look at the pros and cons of mirrored Wills for couples in the UK.
Pros of Mirrored Wills
- Quickness: Straightforward mirror wills are easy to draw up, meaning they can be created quickly
- Affordability: Due to being almost identical and quick to create, mirrored wills are cost-effective
- Simplicity: Creating a mirror Will can be a straightforward option for couples, resulting in minimal family disputes
- Reassurance: Unlike some options, mirrored wills offer peace of mind to couples sharing the same wishes after death
- Protection: Children can be protected within mirrored wills, and additional executors can be chosen if needed
Cons of Mirrored Wills
- Flexibility: The mirror Will can be changed by either party at any time without the other party knowing or consenting, which may cause issues
- Problematic: A surviving partner could change who inherits what, including their partner's children from previous relationships, which would disinherit them from the estate
To protect your mirror Will, we advise routine reviews to make necessary changes when circumstances change. Alternatively, you may wish to consider a mutual Will rather than a mirror Will.
What is the Difference Between Mirrored Wills and Mutual Wills?
Both mirrored wills and mutual wills share similarities, but they are not the same.
Mirrored Wills
Mirrored wills are typically made by a couple, involving two separate legal documents with nearly identical terms. However, either partner has the power to change their Will at any time without the consent of the other. This can cause potential issues, especially for named beneficiaries.
Mutual Wills
Mutual wills are the same as mirrored wills, but have one major difference - they’re created as part of a legally binding agreement. This prevents the ability to change or cancel a shared Will in the future, especially after one partner passes away.
In conclusion, mirrored wills and mutual wills are similar, but share one main difference that is mutual wills are created as part of a legally binding contract, and mirrored wills are not. We recommend speaking with a professional solicitor before deciding on which Will to choose.
Is a Mirror Will Right for You?
Mirrored wills offer a useful solution to couples seeking to share the same wishes after death. If you believe that a mirror Will is right for you, you’ll be pleased to know that we can help. At Bell Lamb & Joynson, we have a team of trusted solicitors specialising in the creation of wills - either alone or jointly as part of a couple.
We can help you and your partner create mirrored wills to ensure each estate is distributed according to your shared wishes. Having been established since 1821, you can rely on our team to help.
Contact our dedicated team of Will solicitors today to create a mirrored will.
Mirrored Wills FAQs
When is the best time to make a mirror Will?
The best time to make a mirror Will is when you and your partner believe it’s the right time to align and reflect shared wishes. This could be when you become engaged, get married, buy a property, or have a child.
Can a surviving spouse change a mirror Will?
Yes, a surviving spouse can change a mirror Will, as there’s no legally binding contract in place to prevent changes or revocation after the death of one partner.
Can a mirror Will be contested?
Yes, a mirror Will can be contested just like all other types of wills if legal grounds are met. This may commonly include a lack of mental capacity, undue influence, or fraud.
Do you need probate if you have mirrored wills?
Yes, you do need probate if you have mirrored wills. All types of wills require probate, and having a mirror Will is no exception.