Understanding Mirror Wills: Pros and Cons for Couples

When planning for the future, many couples consider setting up a Will to ensure their assets are distributed according to their wishes. A Mirror Will is among the most popular options for married couples and long-term partners. But what is a Mirror Will, and how does it work? 

In this article, we will explore the pros and cons of Mirror Wills, how they relate to probate and inheritance tax, and whether a surviving spouse can change a Mirror Will.

What Is a Mirror Will?

A Mirror Will is a pair of almost identical Wills created by two individuals, typically spouses or civil partners. Each Will reflects the other’s provisions, meaning both parties leave their assets to the same beneficiaries — usually each other in the first instance and then to their children or other loved ones upon the second death. This approach provides a simple and cost-effective estate planning solution for couples who share the same wishes for their inheritance.

How Mirror Wills Work

Mirror Wills ensure that if one spouse passes away, the surviving spouse inherits their estate, and upon their death, the remaining assets are passed on to the agreed-upon beneficiaries. Although each person has a separate Will, they are closely aligned in content and structure.

Pros of Mirror Wills

1. Cost-effective: Creating Mirror Wills is often more affordable than drafting two separate, distinct Wills. Many solicitors offer discounted rates when couples opt for Mirror Wills instead of individual Wills with vastly different terms.
2. Simplicity and convenience: Mirror Wills provide a straightforward way for couples to ensure their estate is distributed according to their shared wishes. They help avoid confusion and uncertainty about who inherits the estate.
3. Protects the surviving spouse: In most cases, the surviving partner will inherit the entire estate, providing financial security and allowing them to remain in their home without complications.
4. Easier probate process: Having a clear and legally recognised Will can help streamline the probate process, reducing stress and legal complexities for the surviving spouse and beneficiaries.
5. Can help with inheritance tax planning: Mirror Wills can be structured to maximise inheritance tax allowances, such as the transferable nil-rate band and residence nil-rate band, potentially reducing the tax liability for beneficiaries.

Cons of Mirror Wills

1. Not legally binding for the survivor: One of the biggest drawbacks of Mirror Wills is they are not legally binding on the surviving spouse. This means that after the first person passes away, the survivor can alter their Will and change the intended beneficiaries.
2. Potential for disinheritance: If the surviving spouse remarries or changes their mind, they may create a new Will that does not honour the original agreement. This can result in children or other beneficiaries being disinherited.
3. No asset protection: Mirror Wills do not protect against care home fees, creditors, or other claims against the estate. Assets left to the surviving spouse are fully within their control and can be used at their discretion.
4. Vulnerability to external influence: If the surviving spouse is pressured by new family members, financial advisors, or others, they may make changes that do not reflect the original couple’s wishes.

Mirror Wills and Probate

Upon the death of the first testator (the person who made the Will), the estate typically goes through the probate process before being transferred to the surviving spouse. When the second spouse passes away, probate is required again before the estate is distributed to the final beneficiaries. A well-structured Mirror Will can simplify this process, but legal advice is often recommended to ensure compliance with probate laws.

Mirror Wills and Inheritance Tax

Inheritance tax (IHT) is a crucial consideration when drafting any Will. In the UK, estates valued above the inheritance tax threshold (currently £325,000 per individual) may be subject to a 40% tax rate. However, assets passed between spouses or civil partners are usually exempt from IHT.

Mirror Wills can be structured to maximise tax allowances, including:

• Spousel exemption: Ensuring that assets pass tax-free to the surviving spouse.
• Nil-rate band transfer: Allowing the surviving spouse to inherit the deceased’s unused tax-free allowance.
• Residence nil-rate band: If property is passed to direct descendants, an additional allowance may be available, reducing IHT liability.

The Role of Executors in Mirror Wills

The executor is responsible for carrying out the wishes outlined in a Will. When creating Mirror Wills, couples should carefully consider who they appoint as executors. It is common to name the surviving spouse as the primary executor, but it is also wise to appoint a backup executor in case both partners pass away simultaneously. An independent executor, such as a solicitor or trusted professional, can ensure impartial administration of the estate, reducing the risk of disputes or mismanagement.

Can a Surviving Spouse Change a Mirror Will?

Yes. A Mirror Will is not legally binding after the first spouse dies, meaning the surviving partner can create a new Will that differs from the original agreement. This is one of the most significant risks of Mirror Wills, as it allows for potential changes that could disinherit intended beneficiaries.

To prevent this, couples can consider alternative estate planning strategies such as:

• Trusts: Including a trust in the Will to ensure assets are distributed as intended.
• Mutual Wills: Unlike Mirror Wills, Mutual Wills create a legally binding agreement that prevents changes after the first death —although there are very significant risks in creating a Will that cannot be changed without knowing what the future holds.
• Life Interest Trusts: Allowing the surviving spouse to benefit from assets while ensuring they pass to chosen beneficiaries upon their death.

Can Mirror Wills Automatically Protect Assets from Care Home Fees? 

Not unless specific provisions, such as trusts, are included in the Will. Without a trust or similar protective measure, assets left to the surviving spouse become fully owned by them and could be assessed for care home fees if they require residential care in the future. If the goal is to protect assets from being used to cover care costs, a Life Interest Trust or Discretionary Trust can be incorporated into the Will. These options ensure the surviving spouse can benefit from the estate during their lifetime while preserving the capital for children or other beneficiaries.

Mirror Wills vs Joint Wills

Some people confuse Mirror Wills with Joint Wills. While Mirror Wills are separate documents that can be changed independently, a joint Will is a single document signed by both partners that cannot be altered after one spouse dies. Joint Wills are rare in the UK because they lack flexibility and can lead to complications if circumstances change.

The Impact of Divorce on Mirror Wills

Many couples assume divorce automatically invalidates their Mirror Will. In reality, under UK law, divorce does not revoke an entire Will but does remove any provisions that benefit the former spouse. This means if a person had left assets to their spouse in a Mirror Will, those provisions would be treated as if the ex-spouse had predeceased them. However, the rest of the Will remains valid, which can lead to unintended consequences.

For example, if a divorced individual fails to update their Will, their estate may not be distributed according to their current wishes. Assets might be inherited by alternate beneficiaries, such as children or other named individuals, but this might not reflect their updated intentions. In cases where no alternate beneficiaries were specified, intestacy rules could apply, leading to assets being distributed according to standard legal procedures rather than personal preference.

If divorce is imminent or has recently occurred, it is essential to review and update the Will to reflect new circumstances. Otherwise, a former spouse could unintentionally remain involved in estate matters, either as an executor or beneficiary, which may not align with the individual’s wishes. Consulting a solicitor promptly after a divorce can help ensure the Will accurately reflects new personal and financial arrangements.

Stepchildren and Mirror Wills

Mirror Wills only pass assets to named beneficiaries. If a couple has stepchildren, they must be explicitly included in the Will; otherwise, they may not inherit anything. Since stepchildren do not automatically have inheritance rights under intestacy laws, it is crucial to specify their inclusion in the Will to prevent unintended exclusions.

A common issue arises when a surviving spouse later remarries or decides to change their Will, which can result in stepchildren being disinherited. For example, if a couple originally intended for their estate to be divided equally among biological and stepchildren, but the surviving spouse later rewrites their Will, stepchildren may no longer receive anything.

To protect stepchildren, couples should consider incorporating a Life Interest Trust in their Mirror Wills. This allows the surviving spouse to benefit from assets during their lifetime but ensures that when they pass away, the estate is passed to the intended beneficiaries, including stepchildren. Another option is a Discretionary Trust, which provides flexibility in asset distribution while ensuring stepchildren are not overlooked.

Given the complexities of blended families, it is highly advisable to seek legal advice from a solicitor when drafting a Mirror Will. This ensures all children — whether biological, step, or adopted — are provided for in accordance with the couple’s wishes.

Related: Will Exclusion — How to Simplify a Stressful Situation 

Updating Mirror Wills over Time

Life events such as marriage, the birth of children or grandchildren, changes in financial circumstances, and new tax laws can impact the effectiveness of Mirror Wills. It is advisable to review and update a Will at least every five years or after any major life event to ensure it remains aligned with the couple’s wishes.

Should You Choose a Mirror Will?

Mirror Wills are a straightforward option for many couples who want a simple and cost-effective way to plan their estate. However, they do not provide comprehensive protection or flexibility for more complex family situations or long-term asset protection.

While some may consider alternative options like Mutual Wills, these are rarely recommended due to their restrictive and often problematic nature. Instead, Life Interest Trusts, Discretionary Trusts, and other estate planning solutions offer a more effective way to ensure assets are passed on according to your wishes while maintaining flexibility for your loved ones.

Estate planning is not a one-size-fits-all process. Every family’s situation is unique, and a carefully tailored approach ensures your assets are protected and distributed exactly as you intend. Consulting an experienced solicitor is the best way to create a will that truly reflects your circumstances and long-term objectives.

If you need advice on creating a Mirror Will or exploring alternative estate planning options, contact the friendly team at Burt Brill & Cardens today. Call us on 01273 604 123, email us at enquire@bbc-law.co.uk or make an enquiry.