A mirror Will refers to a set of Wills made by two people, typically spouses or civil partners, where each person's Will is a reflection or "mirror" of the other's. This means that, while they are separate legal documents, each Will contains broadly the same provisions and reflects the shared intentions of the people who made them (the testators). For example, each partner might leave all their assets to the other in the event of their passing, and if both partners die together, or the survivor does not remarry, the assets might then be distributed among their children or other designated beneficiaries in specified proportions.

Although each Will reflects the provisions in the other, they can still be changed. This means that even if a couple creates identical Wills, they can alter the provisions later if their circumstances change. It also means that if one partner dies, the other can freely change the Will. For some couples, this flexibility is an advantage of creating mirror Wills, while for others the lack of restriction makes a mirror Will unreliable. In these scenarios, something called a mutual Will may be a more suitable alternative, although mutual Wills are complex and not suitable for most testators. More often, a Will incorporating protective trust structures is preferable to a mutual Will. 
Here, the expert Wills and estate planning solicitors at JMW outline how mirror Wills work, the advantages of making mirror Wills, and when a mutual Will might better meet a testator's needs.

Why Choose a Mirror Will?

Mirror Wills are thought of as a way to secure a surviving partner's financial future, while making sure that the couple's children later benefit from the estate. If both parties list each other as the main beneficiaries, and the same secondary beneficiaries (generally their children), they can reflect this intention. Provided neither party changes their Will, the beneficiaries will inherit according to the agreed provisions.

There are benefits to this approach. While each Will is a separate entity, they are typically created in agreement and each partner has the intention of reflecting one another’s wishes. Because the process is collaborative and not restrictive, it can be an amicable way to make sure each party's intentions are reflected after one party dies.

Each party retains the right to revoke or alter their Will independently at any time. While this may be seen as a downside, it actually creates flexibility that the surviving spouse or partner may need. After the first person's death, the surviving person can change their Will if they need to - for example, in response to changes in personal circumstances, such as new grandchildren, changes in financial status, or shifts in relationships.

Mirror Wills can be simpler and more cost-effective to draft than more complex Will arrangements, trusts or estate plans, which makes them a popular choice for couples with straightforward and similar wishes for their estate. However, a trust structure can provide more control with what happens to your estate after you die, so it is worth exploring your options with our estate planning solicitors before deciding which approach will work best for you.

What Is a Mutual Will?

A mutual Will is similar to a mirror Will in that it is also a legal agreement made by two or more parties (usually spouses or partners) to create Wills. However, mutual Wills differ in that they remain binding even after one partner passes away. Any changes to the Will requires the consent of both parties, which means that the surviving spouse or partner is legally bound by the terms agreed upon and cannot change their will after the first party dies.

Mutual Wills are often used in blended families, such as in cases where one partner wants their children from a previous relationship to receive certain assets, regardless of the surviving partner's later wishes. This means that even if the survivor remarries and wishes to reallocate particular assets to their new family members, the original wishes of the deceased partner must still be carried out.

While this ensures that the wishes of both parties are respected, and prevents the survivor from reallocating the assets to different beneficiaries, it is also relatively inflexible. Because the Will cannot be revoked or changed after the death of one of the parties involved, it can create challenges for the survivor if their financial circumstances change. Due to their binding nature, these documents also increase the potential for future disputes. Because they are legally complex and irrevocable, people considering a mutual will should seek legal support to understand the implications of particular decisions, and to ensure clarity and enforceability of the documents. 

Which Is the Right Option for Me?

Mirror Wills and mutual Wills serve similar purposes, but each type of Will offers distinct advantages depending on the circumstances and needs of those involved. Mirror wills are separate legal documents, meaning that the testators are not bound by their contents should their situations or intentions change. This can be particularly important in acknowledging that relationships change over time, and that the needs of the surviving party may change after one partner dies.

Mutual Wills provide a high level of certainty and assurance that the agreed-upon plans for estate distribution will be respected after the testators’ deaths. This can be particularly important in blended families, where there might be a desire to protect the inheritance rights of children from previous relationships. Unlike mirror wills, however, this can leave the surviving spouse or partner in a difficult financial situation after the first partner passes away.

Deciding which is the best option means examining family dynamics, the potential for circumstances to change and the possibility of family disputes arising. Mutual Wills might be more suitable in cases where there is concern over future changes in the surviving partner’s intentions, while mirror Wills are often more suitable for couples without complex family situations who want to maintain flexibility.

It is important to recognise that these are not the only two options to consider, as life interest trusts and other structures can also enable a surviving partner to benefit financially from an asset while guaranteeing that a particular beneficiary will eventually inherit it.

Due to the binding nature of Wills, you should seek comprehensive legal advice and estate planning assistance to make an informed decision. At JMW, our wills and probate solicitors have a wealth of experience in advising testators on structures that best suit their personal and family needs. We can discuss the differences between mirror Wills and mutual Wills as they apply to your situation to help you decide which approach to use.