Mirror Wills and Mutual Wills: What Is the Difference?
From the Wills and Probate Team at Phillips Solicitors
Mirror Wills and Mutual Wills are often confused, but they are not the same thing.
Mirror Wills
Mirror Wills are separate Wills, usually made by a couple, that contain similar or matching provisions. For example, each person may leave their estate to the other and then to their children.
Although the Wills are similar, they remain separate legal documents. Each person generally remains free to change or replace their own Will at any time during their lifetime, provided they have the necessary mental capacity.
Mirror Wills are the most common arrangement used by couples and are often suitable where both individuals share similar wishes about the future.
Mutual Wills
Mutual Wills are much less common.
The parties enter into a legally binding agreement that neither of them will change their Will after the first death. Following the first death, the survivor may be prevented from changing the agreed arrangements.
Mutual Wills can provide certainty that assets will ultimately pass to intended beneficiaries, but they can also create significant restrictions and complications if circumstances change in the future.
Because of their long-term implications, Mutual Wills require careful consideration and specialist legal advice.
Which Option Is Right for You?
For most couples, Mirror Wills provide sufficient flexibility while ensuring that both parties’ wishes are clearly recorded.
However, where there are concerns about protecting assets for children from a previous relationship, safeguarding an agreed inheritance plan, or ensuring that assets ultimately pass to particular beneficiaries, other estate planning options may need to be considered. In the main, we would advise that there are better ways to achieve this than a Mutual Will, which is extremely restrictive and cannot take account of changed circumstances.
The most appropriate arrangement will depend on your family circumstances, financial position, and long-term objectives.
How Phillips Solicitors Can Help
Our Wills & Probate team can explain the differences between Mirror Wills, Mutual Wills, and other estate planning arrangements. We can help you understand the advantages and potential drawbacks of each approach so that you can make an informed decision about the best way to protect your family and your wishes.
You can contact us online or call 01623 658556 (option 4).
Useful links
- STEP – Information on Wills and Estate Planning
- GOV.UK – Making and Updating a Will: GOV.UK recommends reviewing your Will following major life events and at regular intervals.
- The Law Society – Using a Solicitor for Wills and Estate Planning
This article is general information only and is not legal advice on any individual case. The correct advice will depend on the facts, documents, family circumstances, and capacity position.