Published on: 5th February 2024

The difference between a Mutual Will and a Mirror Will

When deciding to create a Will, it is important to consider what type of Will would be most effective and match your needs the best. In England & Wales, there are various types of Wills – each aimed to fit your circumstances. For a couple the most common Will is a Mirror Will but there are also Mutual Wills although they are much less common.

What is a Mirror Will?

When considering estate planning, mirror Wills are generally very popular with couples. This is because they are practically identical, made by two individuals, who aim to leave their assets to each other and have similar wishes. You do not have to be married to have mirror Wills, but this is usually the case, as a couple may leave everything to one another and then to their respective children. Mirror Wills can be changed at any time, which is useful for young couples or blended families who may wish to make future changes. They allow for independence as each individual can change their Will at any time without the other's consent. They are a more cost-effective way to create a Will in a partnership. Most of the Wills we create are mirror Wills, they are the best option for couples looking to create Wills.

What is a Mutual Will?

Mutual Wills are made simultaneously by two individuals and have a legally binding obligation that the Wills cannot be changed, without the other’s consent. This means that when one party to the agreement passes away, the other surviving party can no longer change their Will, as the agreement binds them. These Wills offer security for both individuals, as they know if they pass away first their distribution wishes will be met even after the other party passes away. Mutual Wills can be useful for certain families that may want to ensure their children from a previous partnership/marriage will be provided for.

On the other hand, mutual Wills have significant disadvantages. They heavily restrict a surviving spouse's choice to change their Will although there are differing views as to what assets the Mutual contract covers. Mutual Wills are not normally recommended because of these reasons.

If you would like to speak with one of our Consultants to discuss any of the issues raised in this article or any other Estate Planning topic please telephone 01732 868190 or click here.

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If you wish to give instructions or require general information about our Wills, Lasting Powers of Attorney, or Trusts then we will carry out a telephone or Zoom appointment.

However, if you wish to give instructions to one of our Consultants and you feel that you can only do this at a Face to Face meeting then we are offering, at our Consultant’s discretion, a limited number of Face to Face appointments in most of the areas we normally cover. To see the areas we normally cover please click here.

To arrange an appointment please telephone 01732 868190 or click here.

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