What are mirror wills?
Mirror wills are essentially identical wills, typically used by married couples or civil partners, 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 legally and can be changed independently at any time without the other partner's knowledge or consent. 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; or
The surviving partner inheriting a specific percentage or portion of the estate; or
Specific assets passing to the surviving partner while other assets go directly to children or other beneficiaries; or
Life interest arrangements where the surviving partner can use assets during their lifetime, but doesn't own them outright; and/or
Where both wills name the same secondary beneficiaries (usually children or other family members) who would inherit after both partners have died.
The same 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 risks and disadvantages
Fairly simple mirror wills may not be suitable for :-
Blended families - If you have children from previous relationships, mirror wills where the survivor gets most or all of the assets may not offer protection that these children will ultimately inherit, as the surviving step-parent could change their will. For example, the surviving partner might remarry and change their will.
Business owners - Those with business interests often need more sophisticated arrangements to address succession planning and tax efficiency.
Individuals concerned about care home fees
Those with complex estates - Larger or more complex estates often benefit from complex trust structures.
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
We take instructions from both of you, review your assets and family circumstances, and confirm whether you want the same beneficiaries and broadly the same terms. We then:
advise whether mirror wills are suitable, particularly where there are children from previous relationships;
explain that either person can change their will separately;
agree who should inherit if one or both of you die;
appoint executors and, where relevant, guardians for children;
deal with substitute beneficiaries and simultaneous death;
identify whether trusts or inheritance-tax advice are needed;
prepare both wills and arrange compliant signing; and
store the original wills and provide copies.
Mirror wills may cost less than preparing two substantially different wills because much of the information and drafting is shared. However, they remain two separate legal documents, and we must take instructions, advise and prepare a valid will for each person. They are therefore not simply one will charged twice or necessarily available for twice the price of a single will.
If your wishes, assets or family circumstances are materially different, there may be little or no saving. We will confirm the fee before work begins and explain if a different structure would be more suitable.
