Published on: 5th October 2020

Mirror Wills or Mutual Wills

Mirror Wills are created by two people, and the Wills mirror each other so the assets of the deceased goes to the person they are survived by. Mirror Wills are typically created by partners who may be married, or may not be. Mirror Wills can also be used by perhaps a brother and sister or a parent and child, but these are much rarer. Mutual Wills on the other hand follow the same principle as Mirror Wills in that all assets go to the survivor, but the fundamental difference is that Mutual Wills cannot be amended without the agreement and permission of the other party.

In a typical Mirror Will with a husband and wife for example, when the first spouse dies, the surviving spouse can then edit their Will as they see fit. One reason Clients query Mirror Wills is because they are concerned that a surviving spouse can change the Will however they like so they worry that if, for example, the surviving spouse remarries their share of the assets may go to a beneficiary they do not even know. To prevent this outcome, we would usually recommend some form of trust when it comes to Mirror Wills and by putting these trusts in place, you avoid problems like Sideways Disinheritance.

In contrast, if a couple have Mutual Wills in place, when one of the partners dies, the surviving spouse or partner cannot do anything at all with the Will. The significant drawback to a Mutual Will is, therefore, that any circumstances that change after the death of the first partner cannot be accounted for within a Will, because the wishes are already clearly defined.

What is the best option?

We would only recommend a Mutual Will in extremely rare circumstances – for example when both of those in a couple are in their 90s and quite clearly will not have changing circumstances on first death; although even in this situation we are careful to explain to our Clients the implications of this. As a Mutual Will is in essence a binding contract between a couple not to change anything for the rest of either of their lives without the explicit agreement of both parties, it really is something that has to be extremely carefully considered before being implemented.

Mirror Wills are an excellent option for the majority of couples and in almost every circumstance we would recommend these over Mutual Wills as they offer much more flexibility to a surviving spouse, and professional advice with good trust and asset protection techniques helps mitigate any potential problems that may come from Mirror Wills needing to be changed when one spouse dies.

Each individual Client is different and has specific, individual requirements. We do not take a ‘one size fits all’ approach to Estate Planning so if you are unsure whether a Mirror Will or a Mutual Will would be more appropriate given your particular circumstances then see the areas we cover and arrange a time for one of our Consultants to discuss options with you, or give us a call on 01732 868190 and one of our friendly team will be able to help.

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Our Covid-19 policy is now that if you require general information about our Wills, Lasting Powers of Attorney or Trusts then we will carry out a telephone appointment. However, if you wish to give instructions to one of our Consultants we are offering Face to Face appointments from 02 September 2020 in most of the areas we normally cover (subject to Government advice). To see the areas we normally cover please click here.

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