What are mirror wills?
The term ‘mirror will' is used to describe two wills that reflect the terms of the other. They are almost identical, with the only difference being the parties' names.
In theory, any 2 people can draft mirror wills, but they are mostly used by married couples or civil partners. While the wills are different documents, they contain the same wishes. One party signs one will and the other is signed by the other party. There are no set rules about what instructions a mirror will should contain, but it is common for it to state that the surviving party should inherit everything.
The most common form of mirror typically involves each person leaving their entire estate to the other person and then to their children.
Do my partner and I need to be married to make mirror wills?
No, while mirror wills are commonly used by married couples or civil partners, they can be used by anyone (eg unmarried couples or close personal friends). In fact, making mirror wills can offer additional security for unmarried partners as they may lose out if an estate is distributed in line with the intestacy rules.
What are the benefits of making mirror wills?
A mirror will offers certainty and security for your family. By giving explicit instructions that your partner should inherit all of your estate, you can be sure that they will be provided for financially after you are gone.
If you die without making a will, this is called dying ‘intestate'. In this situation, the rules of intestacy apply in deciding how your estate will be distributed. These are default legal rules that set out who should inherit what. While the rules of intestacy do make provisions for spouses and children, these may not reflect your wishes.
Making a mirror will also allows you to ensure that your children are well cared for and supported after you die. You can leave clear instructions about who you would like to appoint as a guardian and arrange for trusts to be set up to take care of financial provisions. This can be particularly important if both parents die at the same time, for example, in an accident.
What are the downsides of making mirror wills?
While mirror wills offer certainty and security, they don’t come without downsides. Potential drawbacks include:
Potential lack of fairness
Couples may opt to make mirror wills because of a desire for fairness. However, this may unintentionally lead to one person exerting control over the other. There is no inherent advantage in having identical wills; just as individuals have diverse preferences, their wills should reflect unique provisions based on their distinct families, interests and possessions, even if they share a harmonious life together.
Lack of flexibility
By virtue of being identical documents, mirror wills tend to be more straightforward than individual wills. This can limit flexibility in addressing individual circumstances or changing needs. If one person’s situation requires unique provisions, a mirror will may not accommodate those variations.
Generalisation of wishes
You can only leave your assets (ie things that you own) in your will, making mirror wills quite general and not tailored to specific assets. This may not be an issue if you and your partner’s assets are almost identical. However, in practice, a couple’s possessions tend to differ in value or significance from and you may each wish to leave different assets to different people.
Changes in circumstances and wishes
As time passes, each party’s circumstances and wishes may change and, as a result, they may wish to make changes to their will. While mirror wills mostly contain the same instructions, they are considered to be 2 separate documents. This means that one person can change their will, either when they are alive without telling the other person, or after that person has died. This could mean that money or property that you have left to your partner is not to be distributed in the way you would have wished after they die.
Ask a lawyer if you have any questions or concerns.
