Mirror wills are a pair of legal documents in which all of the provisions are identical. Wills like these are typically created by couples who want their assets to be handled in a similar manner upon their deaths, and should contain the same terms about the entire estate to be considered mirror wills.

A common application is that each partner creates a will stating that when one partner dies, the surviving spouse will inherit their estate, with the couple's children as secondary beneficiaries following the death of the surviving partner. These mirror wills create a scenario in which the estate is handled in the same way, no matter which partner dies first.

Mirror wills are popular because they simplify the planning process and give both partners a mutual understanding and agreement about how their estates should be managed after they have passed away. At the same time, they are separate wills and each can be changed by the individual at any time, before or after one partner passes away. This means that they are not the most secure way to protect assets or control your estate after you die.

In some cases, mirror wills may also be contested by a disappointed beneficiary who has been left out, or if there are legal, procedural or administrative concerns with the document itself. It is vital to secure expert legal advice before creating a will to be certain that it will reflect your needs. Here, the wills and probate disputes team at JMW explains how a mirror will works and when it may be possible to challenge it.

Is a Mirror Will Legally Binding?

Mirror wills are legally binding in their individual capacities, which means that each will is a valid legal document on its own and the executor of the estate has a binding obligation to follow the instructions in the will. However, the foundation of this is trust between the spouses, civil partners or co-owners who create these wills. Either document can be changed at any point and there is no legal obligation for them to remain identical or reflect the same wishes once they have been created.  Disputes often arise with mirror wills on the second death on the basis that an individual is free to change (and often does change) their will after the first death, and is not bound by the previously mutually agreed wishes of the couple. That creates a sense of unfairness.

An alternative option is the mutual will, which contains a legal agreement between the parties not to revoke or change their wills. Any changes must be agreed by both parties, which means that the terms of a mutual will remain binding after the death of one party. This is a much more secure way to lock in the agreed distribution of an estate, although it lacks flexibility for changing circumstances. If the surviving partner's financial circumstances change, a mirror will leaves them room to change how their estate is distributed, while a mutual will does not.

If a partner remarries or there are other changes in the family structure after the first death, it is not possible to give an inheritance to new family members. At the same time, if both partners agree that they only want their own biological children to receive an inheritance, a mutual will can secure this future and prevent either party from changing their mind later.

It may be possible to challenge mutual wills depending on the specific terms, and you should seek professional advice from an experienced wills and probate dispute solicitor for guidance on challenging this type of will.

When Can a Mirror Will Be Contested?

A mirror will can be contested under the same circumstances as any other will. Contesting a will usually involves challenging its validity or the distribution of the estate under its terms. It can also refer to making a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.

Contesting a mirror will can only be done on the basis of specific legal grounds, which are the same for a mirror will as those for any other type of will. The grounds for challenging a will include:

• Lack of testamentary capacity: The deceased did not have the mental capacity to understand the nature of the will, their assets, or the consequences of their decisions at the time the will was made.
• Undue influence or coercion: The deceased was pressured or coerced into making the will in a way that did not reflect their true intentions.
• Fraud or forgery: The will was forged or fraudulently altered to benefit someone unfairly.
• Lack of proper execution: The will was not executed in accordance with the legal requirements, which state that it must be signed in the presence of two witnesses, who cannot be beneficiaries and who must also sign the document.
• Revocation: The will was revoked by a subsequent will or another legal act.
• Lack of knowledge and approval: The person making the will did not truly understand or approve of its contents, often because they had a disability that prevented them from reading it, or because they relied on someone else to write it for them.

It is also possible to issue a legal dispute about what the will actually means, rather than a challenge to its validity, if you believe that an executor has not interpreted the document in the way the person who wrote the will intended. In these cases, the court can review the will and will decide how the will should be interpreted.

In the case of a mutual will, you may be able to challenge the will if the surviving partner has breached the mutual agreement or tried to change their will after the first partner's death. In such cases, your legal action will focus on enforcing the terms of the original agreement rather than the version that was subsequently changed.

How Do You Challenge a Mirror Will?

If you believe that you have a valid reason to challenge a will based on the above grounds, you should speak to a solicitor about your circumstances. It is often easier to resolve a will dispute before probate is granted, so the earlier you act, the more quickly a concern can be resolved. The experienced wills and probate dispute team at JMW has a wealth of experience in the legal considerations that apply to mirror wills and can help you to understand whether you have the grounds to issue a challenge.

We can also offer expert legal advice when it comes to writing your will and help you to evaluate whether a mirror will is the right option to meet your needs. For example, if you wish to allow your spouse to benefit from living in the family home but also ensure your children inherit the estate when the surviving partner passes, a life interest trust offers an alternative structure that could be better suited to your needs.