What are mirror wills?
Mirror wills are two separate wills, often made by spouses or civil partners whose wishes broadly correspond. For example, each may leave their estate to the other, with alternative beneficiaries if the other has died. Each person nevertheless makes their own testamentary decisions and ordinarily remains free to change or revoke their own will. The expression “mirror wills” does not, by itself, establish a binding agreement to leave an estate in a particular way.
What should couples consider before drafting?
Start with what each person owns, whether the family home is held as joint tenants or tenants in common (where applicable), the people financially dependent on either partner, and who should administer each estate. Consider what should happen if both partners die together, if a beneficiary dies first, or if either partner subsequently enters a new relationship. Different family circumstances may require different gifts or trust arrangements, even where the couple begins with apparently identical instructions.
Do couples need the same executors and guardians?
Not necessarily. Each will should reflect the individual testator’s wishes. Executors and substitutes need to be suitable for the role, and proposed guardianship appointments require consideration of the relevant family law. A person nominated as guardian in a will is not invariably entitled to take parental responsibility immediately in every circumstance.
Are mirror wills suitable for blended families?
Blended families often require more detailed planning. An outright gift to a surviving spouse or partner may leave that survivor free to change future dispositions, whereas a carefully structured life-interest or other trust may protect particular beneficiaries while allowing the survivor defined rights. Trust wording, tax consequences, ownership of the family home and possible statutory claims must all be assessed before a will is executed.
How does this software handle two testators?
Fenton Marsh Make a Will collects separate instructions and confirmations for each testator and can generate two separate testamentary documents. It does not treat one partner’s choice as proof that the other partner understands or agrees. Verify each will against the relevant legal requirements and arrange lawful execution separately for each testator.
When should you seek specialist advice?
Seek advice where a home is jointly owned, partners have children from previous relationships, a beneficiary has additional needs, trusts or overseas property are involved, either person may be vulnerable to pressure, or there is a desire for a binding arrangement regarding future wills.
Official sources
GOV.UK — Making a will · mygov.scot — Create a will · nidirect — Making a will