Mirror wills

Mirror wills are two separate wills, made by a couple, in substantially identical terms: each leaves their estate to the other, and on the second death to the same beneficiaries — usually their children.

They are the most common arrangement in UK estate planning and the most commonly misunderstood.

They are not joint, and not binding#

This is the point that matters. Mirror wills are two independent documents. Either person may change theirs at any time, without telling the other, and the survivor may change theirs entirely after the first death.

So the classic scenario: a couple make mirror wills leaving everything to each other and then to their three children. He dies. She inherits everything, remarries, and makes a new will leaving everything to her new husband. His children receive nothing, and there is nothing unlawful about it.

Clients routinely believe mirror wills prevent this. They do not.

What actually protects against it#

A life interest trust or a property protection trust — the survivor gets the use, the first to die keeps control of where their share eventually goes.

Mutual wills — a binding agreement not to revoke — exist in law but are risky, hard to prove and generally to be avoided in favour of a trust.

What to record#

Where mirror wills are appropriate, record that the risk was explained and the client accepted it. Where they are not, the trust route needs a severance registered — see severance of joint tenancy.

Related#

Life interest trust · Property protection trust · Will writing software